79C3C34C52B45572883A05D425EB0F82
Care Act 2014
https://www.legislation.gov.uk/ukpga/2014/23/pdfs/ukpga_20140023_en.pdf
http://leaux.net/URLS/ConvertAPI Text Files/4C959A9B90F9AE1ACBBC28D2D6B5136D.en.txt
Examining the file media/Synopses/4C959A9B90F9AE1ACBBC28D2D6B5136D.html:
This file was generated: 2020-12-01 07:19:30
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Criminal Convictions
Searching for indicator prisoners:
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p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
p.000002: 83 Imposition of licence conditions on NHS foundation trusts
p.000002: 84 Trust special administration: appointment of administrator
p.000002: 85 Trust special administration: objective, consultation and reports
p.000002:
p.000002: Care Quality Commission
p.000002: 86 Restriction on applications for variation or removal of conditions
p.000002: 87 Rights of appeal
p.000002: 88 Unitary board
p.000002:
p.000002: Increasing the independence of the Care Quality Commission
p.000002: 89 Chief Inspectors
p.000002: 90 Independence of the Care Quality Commission
p.000002:
p.000002: Performance ratings
p.000002: 91 Reviews and performance assessments
p.000002:
p.000002: False or misleading information
p.000002: 92 Offence
p.000002: 93 Penalties
p.000002: 94 Offences by bodies
p.000002:
p.000002: Regulated activities
p.000002: 95 Training for persons working in regulated activity
p.000002: PART 3 HEALTH CHAPTER 1
p.000002: HEALTH EDUCATION ENGLAND
p.000002:
p.000002: Establishment
...
p.000069: (a) in paragraph (a), for “regulations under section 57 of the Health and Social Care Act 2001 or” substitute “—
p.000069: (i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),
p.000069: (ii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by
p.000069: Schedule A1 to that Act), or
p.000069: (iii) regulations under”,
p.000069: (b) in paragraph (b), after “apart from” insert “those sections (as so applied) or”.
p.000069: (12) In the case of a person who, immediately before the commencement of subsections (3) and (4), is
p.000069: being provided with after-care services under section 117 of the Mental Health Act 1983, the amendments made by those
p.000069: subsections do not apply while those services are continuing to be provided to that person.
p.000069: (13) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services
p.000069: authority” substitute—
p.000069: ““local social services authority” means—
p.000069: (a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
p.000069:
p.000070: 70
p.000070: Care Act 2014 (c. 23)
p.000070: Part 1 — Care and support
p.000070:
p.000070: (b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales)
p.000070: Act 2014.”
p.000070:
p.000070: 76 Prisoners and persons in approved premises etc.
p.000070: (1) In its application to an adult who is detained in prison, this Part has effect as if references to being
p.000070: ordinarily resident in an area were references to being detained in prison in that area.
p.000070: (2) In its application to an adult who is residing in approved premises, this Part has effect as if references to
p.000070: being ordinarily resident in an area were references to being resident in approved premises in that area.
p.000070: (3) In its application to an adult who is residing in any other premises because a requirement to do so has been
p.000070: imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if
p.000070: references to being ordinarily resident in an area were references to being resident in premises in that area for
p.000070: that reason.
p.000070: (4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
...
Political / Illegal Activity
Searching for indicator unlawful:
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p.000072: (c) either unconditionally or subject to conditions so specified.
p.000072: (5) An authorisation under this section—
p.000072: (a) is for the period specified in the authorisation;
p.000072: (b) may be revoked by the local authority;
p.000072: (c) does not prevent the local authority from exercising the function to which the authorisation relates.
p.000072:
p.000072: Care Act 2014 (c. 23)
p.000073: 73
p.000073: Part 1 — Care and support
p.000073:
p.000073: (6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in
p.000073: connection with, the exercise or purported exercise of the function to which the authorisation relates is to
p.000073: be treated for all purposes as done or omitted to be done by or in relation to the local authority.
p.000073: (7) But subsection (6) does not apply—
p.000073: (a) for the purposes of the terms of any contract between the authorised person and the local authority which relate
p.000073: to the function, or
p.000073: (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done
p.000073: by the authorised person.
p.000073: (8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between
p.000073: local authorities and contractors where that is necessary for the exercise of the functions concerned, even
p.000073: if that would otherwise be unlawful) applies to an authorisation under this section as it applies to an
p.000073: authorisation by virtue of an order under section 70(2) of that Act.
p.000073: (9) The Secretary of State may by order—
p.000073: (a) amend subsection (2) so as to add to or remove from the list a provision of this Part;
p.000073: (b) amend subsection (1) so as to add to or remove from the list a provision relating to care and support for adults
p.000073: or support for carers;
p.000073: (c) impose conditions or other restrictions on the exercise of the power under subsection (1), whether by
p.000073: amending this section or otherwise.
p.000073: (10) The provision which may be made in an order under subsection (9) in reliance on section 125(8)
p.000073: (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the
p.000073: rights and obligations of local authorities and persons authorised under this section in light of the provision
p.000073: made by the order.
p.000073: (11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to,
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
p.000073: explained by the provision of this Act specified in the second column.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073: Abuse Accrued costs Adult
p.000073: Expression
p.000073: Provision
p.000073: Section 42(3)
p.000073: Section 15(5)
p.000073: Section 2(8)
p.000073:
p.000073: Adult needing care
...
Political / Refugee Status
Searching for indicator asylum:
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p.000019: care and support to the adult needing care, even if the authority would not be required to meet the adult’s needs for
p.000019: care and support under section 18.
p.000019: (8) Where a local authority is required by this section to meet some or all of a carer’s needs for support
p.000019: but it does not prove feasible for it to do so by providing care and support to the adult needing care, it
p.000019: must, so far as it is feasible to do so, identify some other way in which to do so.
p.000019: (9) The reference in subsection (1)(b) to there being no charge under section 14 for meeting a carer’s needs for
p.000019: support is a reference to there being no such charge because—
p.000019: (a) the authority is prohibited by regulations under section 14 from making such a charge, or
p.000019: (b) the authority is entitled to make such a charge but decides not to do so.
p.000019:
p.000020: 20
p.000020: Care Act 2014 (c. 23)
p.000020: Part 1 — Care and support
p.000020:
p.000020: (10) The reference in subsection (1)(c) to there being no charge under section 14 for meeting an adult’s needs for
p.000020: care and support is to be construed in accordance with section 18(6).
p.000020:
p.000020: 21 Exception for persons subject to immigration control
p.000020: (1) A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration
p.000020: and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen
p.000020: solely—
p.000020: (a) because the adult is destitute, or
p.000020: (b) because of the physical effects, or anticipated physical effects, of being destitute.
p.000020: (2) For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in
p.000020: section 95(4) and (5) to the Secretary of State being read as references to the local authority in question.
p.000020: (3) But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2)
p.000020: is to have effect as if it read as follows—
p.000020: “(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999
p.000020: Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as
p.000020: references to the local authority in question.”
p.000020: (4) The reference in subsection (1) to meeting an adult’s needs for care and support includes a reference to
p.000020: providing care and support to the adult in order to meet a carer’s needs for support.
p.000020: (5) For the purposes of its application in relation to the duty in section 2(1) (preventing needs for
p.000020: care and support), this section is to be read as if—
p.000020: (a) for subsection (1) there were substituted—
p.000020: “(1) A local authority may not perform the duty under section 2(1) in relation to an adult to whom section 115 of
p.000020: the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and
p.000020: support have arisen, or for whom such needs may in the future arise, solely—
p.000020: (a) because the adult is destitute, or
p.000020: (b) because of the physical effects, or anticipated physical effects, of being destitute.”, and
p.000020: (b) subsection (4) were omitted.
p.000020:
p.000020: 22 Exception for provision of health services
p.000020: (1) A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of
p.000020: a service or facility that is required to be provided under the National Health Service Act 2006 unless—
p.000020: (a) doing so would be merely incidental or ancillary to doing something else to meet needs under those sections, and
p.000020: (b) the service or facility in question would be of a nature that the local authority could be expected to provide.
p.000020: (2) Regulations may specify—
p.000020:
p.000020: Care Act 2014 (c. 23)
p.000021: 21
p.000021: Part 1 — Care and support
p.000021:
p.000021: (a) types of services or facilities which, despite subsection (1), may be provided or the provision of
p.000021: which may be arranged by a local authority, or circumstances in which such services or facilities may be so
p.000021: provided or the provision of which may be so arranged;
p.000021: (b) types of services or facilities which may not be provided or the provision of which may not be
p.000021: arranged by a local authority, or circumstances in which such services or facilities may not be so
...
Political / criminal
Searching for indicator criminal:
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p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
p.000008: (10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act
p.000008: 2003.
p.000008:
p.000008: 7 Co-operating in specific cases
p.000008: (1) Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not
p.000008: one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for
p.000008: care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners,
p.000008: requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs
p.000008: for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
...
p.000069: authority” substitute—
p.000069: ““local social services authority” means—
p.000069: (a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
p.000069:
p.000070: 70
p.000070: Care Act 2014 (c. 23)
p.000070: Part 1 — Care and support
p.000070:
p.000070: (b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales)
p.000070: Act 2014.”
p.000070:
p.000070: 76 Prisoners and persons in approved premises etc.
p.000070: (1) In its application to an adult who is detained in prison, this Part has effect as if references to being
p.000070: ordinarily resident in an area were references to being detained in prison in that area.
p.000070: (2) In its application to an adult who is residing in approved premises, this Part has effect as if references to
p.000070: being ordinarily resident in an area were references to being resident in approved premises in that area.
p.000070: (3) In its application to an adult who is residing in any other premises because a requirement to do so has been
p.000070: imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if
p.000070: references to being ordinarily resident in an area were references to being resident in premises in that area for
p.000070: that reason.
p.000070: (4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
p.000070: offence, is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
...
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
...
p.000072: function to which the authorisation relates; and for that purpose, where the authorised person is a body
p.000072: corporate, “employee” includes a director or officer of the body.
p.000072: (4) An authorisation under this section may authorise the exercise of the function to which it relates—
p.000072: (a) either wholly or to the extent specified in the authorisation;
p.000072: (b) either generally or in cases, circumstances or areas so specified;
p.000072: (c) either unconditionally or subject to conditions so specified.
p.000072: (5) An authorisation under this section—
p.000072: (a) is for the period specified in the authorisation;
p.000072: (b) may be revoked by the local authority;
p.000072: (c) does not prevent the local authority from exercising the function to which the authorisation relates.
p.000072:
p.000072: Care Act 2014 (c. 23)
p.000073: 73
p.000073: Part 1 — Care and support
p.000073:
p.000073: (6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in
p.000073: connection with, the exercise or purported exercise of the function to which the authorisation relates is to
p.000073: be treated for all purposes as done or omitted to be done by or in relation to the local authority.
p.000073: (7) But subsection (6) does not apply—
p.000073: (a) for the purposes of the terms of any contract between the authorised person and the local authority which relate
p.000073: to the function, or
p.000073: (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done
p.000073: by the authorised person.
p.000073: (8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between
p.000073: local authorities and contractors where that is necessary for the exercise of the functions concerned, even
p.000073: if that would otherwise be unlawful) applies to an authorisation under this section as it applies to an
p.000073: authorisation by virtue of an order under section 70(2) of that Act.
p.000073: (9) The Secretary of State may by order—
p.000073: (a) amend subsection (2) so as to add to or remove from the list a provision of this Part;
p.000073: (b) amend subsection (1) so as to add to or remove from the list a provision relating to care and support for adults
p.000073: or support for carers;
p.000073: (c) impose conditions or other restrictions on the exercise of the power under subsection (1), whether by
p.000073: amending this section or otherwise.
p.000073: (10) The provision which may be made in an order under subsection (9) in reliance on section 125(8)
p.000073: (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the
p.000073: rights and obligations of local authorities and persons authorised under this section in light of the provision
p.000073: made by the order.
p.000073: (11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to,
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
...
p.000087:
p.000087: 94 Offences by bodies
p.000087: (1) Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved
p.000087: that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
p.000087: (a) a director, manager or secretary of the body, or
p.000087: (b) a person purporting to act in such a capacity.
p.000087: (2) The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the
p.000087: offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
p.000087: (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
p.000087: (a) to any other similar officer of the body, and
p.000087: (b) where the body is a local authority, to a member of the authority.
p.000087: (4) Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated
p.000087: association are to be brought in the name of the association (and not in that of any of the members); and
p.000087: rules of court relating to the service of documents have effect as if the unincorporated association were a body
p.000087: corporate.
p.000087: (5) In proceedings for an offence under section 92(1) brought against an unincorporated
p.000087: association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980
p.000087: apply as they apply in relation to a body corporate.
p.000087: (6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1)
p.000087: is to be paid out of the funds of the association.
p.000087: (7) Subsection (8) applies if an offence under section 92(1) is proved—
p.000087: (a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of
p.000087: its governing body, or
p.000087: (b) to be attributable to neglect on the part of such an officer or member.
p.000087: (8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against
p.000087: accordingly (but section 93(2) does not apply).
p.000087:
p.000087: Regulated activities
p.000087:
p.000087: 95 Training for persons working in regulated activity
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
...
Political / displaced
Searching for indicator displaced:
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p.000134:
p.000134: 6 In subsection (6)(b) of that section, for “A’s needs for care and support” substitute “the
p.000134: provision to A of after-care services under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 51
p.000134: 7 For subsection (1) of section 51 substitute—
p.000134: “(1) Regulations may require or allow a local authority to make payments to a person in respect of a
p.000134: child to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost
p.000134: of providing or arranging the provision of after-care services for the child under that section.”
p.000134: 8 In subsection (3)(a) and (b) of that section, for “who has needs for care and support” (in each place it
p.000134: occurs) substitute “to whom section 117 of the Mental Health Act 1983 applies”.
p.000134: 9 In subsection (5)(a) of that section, for “meeting the child’s needs” substitute “discharging its duty
p.000134: towards the child under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 53
p.000134: 10 In subsection (1) of section 53—
p.000134: (a) in the opening words, for “50, 51 or 52” substitute “50 or 51”,
p.000134: (b) omit paragraphs (a), (b) and (c),
p.000134: (c) in paragraph (i), for “a local authority’s duty or power to meet a person’s needs for care and support
p.000134: or a carer’s needs for support is displaced” substitute “a local authority’s duty under section 117
p.000134: of the Mental Health Act 1983 (after-care) is discharged”, and
p.000134: (d) in paragraph (k), for “50 to 52” substitute “50 and 51”.
p.000134: 11 Omit subsections (2) to (8) of that section.
p.000134: 12 After subsection (8) of that section insert—
p.000134: “(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of
p.000134: providing or arranging for the provision of after-care services under section 117 of the Mental Health Act
p.000134: 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of
p.000134: securing the provision of those services to meet those needs.”
p.000134: 13 In subsection (9) of that section—
p.000134: (a) for “, 51 or 52” substitute “or 51”, and
p.000134: (b) for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
p.000134: 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to
p.000134: meet needs” substitute “after-care services”.”
p.000134:
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 5 — Health Education England Part 1 — Constitution
p.000135: 135
p.000135:
p.000135:
p.000135: SCHEDULE 5 Section 96
p.000135: HEALTH EDUCATION ENGLAND PART 1
p.000135: CONSTITUTION
p.000135: Membership
p.000135:
p.000135: 1 (1) HEE consists of—
p.000135: (a) a chair appointed by the Secretary of State,
...
Political / person in detention center
Searching for indicator detained:
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p.000067: 2014;
p.000067: “local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act
p.000067: 1994;
p.000067: “nursing care”, for England, Wales and Northern Ireland, has the same meaning as in the Health and Social
p.000067: Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
p.000067: “personal care”—
p.000067: (a) for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care
p.000067: Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
p.000067: (b) for Scotland, has the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010, as amended
p.000067: from time to time.
p.000067:
p.000067: 74 Discharge of hospital patients with care and support needs
p.000067: Schedule 3 (which includes provision about the discharge of hospital patients with care and support needs) has effect.
p.000067:
p.000067: 75 After-care under the Mental Health Act 1983
p.000067: (1) In section 117 of the Mental Health Act 1983 (after-care), in subsection (2), after “to provide” insert “or
p.000067: arrange for the provision of”.
p.000067: (2) In subsection (2D) of that section, for the words from “as if” to the end substitute “as if the
p.000067: words “provide or” were omitted.”
p.000067: (3) In subsection (3) of that section, after “means the local social services authority” insert “—
p.000067: (a) if, immediately before being detained, the person concerned was ordinarily resident in England, for the
p.000067: area in England in which he was ordinarily resident;
p.000067: (b) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the
p.000067: area in Wales in which he was ordinarily resident; or
p.000067: (c) in any other case”.
p.000067:
p.000068: 68
p.000068: Care Act 2014 (c. 23)
p.000068: Part 1 — Care and support
p.000068:
p.000068: (4) After that subsection insert—
p.000068: “(4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—
p.000068: (a) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014
p.000068: applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part
p.000068: 1 of that Act;
p.000068: (b) if the dispute is between local social services authorities in Wales, section 195 of the Social
p.000068: Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was
p.000068: ordinarily resident for the purposes of that Act;
p.000068: (c) if the dispute is between a local social services authority in England and a local social services
p.000068: authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
p.000068: (5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them
p.000068: is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the
p.000068: dispute to be determined by whichever of them they agree is to do so.”
p.000068: (5) After subsection (5) insert—
p.000068: “(6) In this section, “after-care services”, in relation to a person, means services which have both of
p.000068: the following purposes—
...
p.000069: (i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),
p.000069: (ii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by
p.000069: Schedule A1 to that Act), or
p.000069: (iii) regulations under”,
p.000069: (b) in paragraph (b), after “apart from” insert “those sections (as so applied) or”.
p.000069: (12) In the case of a person who, immediately before the commencement of subsections (3) and (4), is
p.000069: being provided with after-care services under section 117 of the Mental Health Act 1983, the amendments made by those
p.000069: subsections do not apply while those services are continuing to be provided to that person.
p.000069: (13) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services
p.000069: authority” substitute—
p.000069: ““local social services authority” means—
p.000069: (a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
p.000069:
p.000070: 70
p.000070: Care Act 2014 (c. 23)
p.000070: Part 1 — Care and support
p.000070:
p.000070: (b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales)
p.000070: Act 2014.”
p.000070:
p.000070: 76 Prisoners and persons in approved premises etc.
p.000070: (1) In its application to an adult who is detained in prison, this Part has effect as if references to being
p.000070: ordinarily resident in an area were references to being detained in prison in that area.
p.000070: (2) In its application to an adult who is residing in approved premises, this Part has effect as if references to
p.000070: being ordinarily resident in an area were references to being resident in approved premises in that area.
p.000070: (3) In its application to an adult who is residing in any other premises because a requirement to do so has been
p.000070: imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if
p.000070: references to being ordinarily resident in an area were references to being resident in premises in that area for
p.000070: that reason.
p.000070: (4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
p.000070: offence, is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
p.000070: (b) references to carers are to be ignored.
p.000070: (7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
...
Political / political affiliation
Searching for indicator party:
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p.000031: (c) interest on an amount charged under paragraph (b).
p.000031: (2) The regulations may specify costs which are, or which are not, to be regarded as administrative costs for the
p.000031: purposes of subsection (1)(b).
p.000031: (3) The regulations may—
p.000031: (a) require or permit adequate security to be obtained for the payment of any interest or other amount referred to
p.000031: in subsection (1);
p.000031: (b) require or permit any such interest or other amount to be treated in the same way as the adult’s deferred
p.000031: amount;
p.000031: (c) specify what constitutes adequate security for the purposes of paragraph (a).
p.000031: (4) The authority may not charge interest under regulations made under subsection (1) or under a
p.000031: deferred payment agreement at a rate that exceeds the rate specified in or determined in accordance with the
p.000031: regulations; the regulations may, for example, provide for a rate to be determined by reference to a specified
p.000031: interest rate or other specified criterion.
p.000031: (5) The regulations must enable the adult to terminate a deferred payment agreement by—
p.000031: (a) giving the authority notice, and
p.000031: (b) paying the authority the full amount for which the adult is liable with respect to the adult’s deferred amount
p.000031: and any interest or other amount charged under regulations made under subsection (1) or under the agreement.
p.000031: (6) The regulations may make other provision about the duration of a deferred payment agreement and for its
p.000031: termination by either party.
p.000031: (7) The regulations may make provision as to the rights and obligations of the authority and the
p.000031: adult where the adult disposes of any legal or beneficial
p.000031:
p.000032: 32
p.000032: Care Act 2014 (c. 23)
p.000032: Part 1 — Care and support
p.000032:
p.000032: interest in a property to which a deferred payment agreement relates and acquires a legal or beneficial
p.000032: interest in another property (whether or not it is in the area of that authority); they may, for example, make
p.000032: provision—
p.000032: (a) for the authority not to require payment of the amounts referred to in subsection (5)(b) until the time
p.000032: specified in or determined in accordance with the regulations;
p.000032: (b) for the adult to give the authority a charge over the adult’s legal or beneficial interest in the
p.000032: other property.
p.000032: (8) The regulations may—
p.000032: (a) require or permit terms or conditions of a specified description, or in a specified form, to be included in a
p.000032: deferred payment agreement;
p.000032: (b) permit such other terms or conditions as the authority considers appropriate to be included in such an
p.000032: agreement;
p.000032: (c) require statements or other information relating to specified matters, or in a specified form, to be included in
p.000032: such an agreement.
...
p.000100: this Chapter as it considers appropriate; it may, for example—
p.000100: (a) co-ordinate their work;
p.000100: (b) allocate work to them;
p.000100: (c) develop and maintain training programmes designed to ensure that their members and staff can carry out
p.000100: their work effectively;
p.000100: (d) provide them with advice and help (including help in the form of financial assistance).
p.000100: (5) The requirements in the REC policy document may, for example, relate to—
p.000100: (a) membership;
p.000100: (b) proceedings;
p.000100: (c) staff;
p.000100: (d) accommodation and facilities;
p.000100: (e) expenses;
p.000100: (f) objectives and functions;
p.000100: (g) accountability;
p.000100: (h) procedures for challenging decisions.
p.000100: (6) The HRA must ensure that the requirements imposed on research ethics committees in the REC policy
p.000100: document do not conflict with the requirements imposed on them by the Medicines for Human Use
p.000100: (Clinical Trials) Regulations 2004 (S.I. 2004/1031).
p.000100: (7) Before publishing the REC policy document, the HRA must consult—
p.000100: (a) the devolved authorities, and
p.000100: (b) such other persons as it considers appropriate.
p.000100: (8) The HRA may revise the REC policy document and, where it does so, it must publish the document as revised;
p.000100: subsection (7) applies to a revised policy document in so far as the HRA considers the revisions significant.
p.000100: (9) The HRA must indemnify the members of each research ethics committee it recognises or establishes under this
p.000100: Chapter against any liability to a third party for loss, damage or injury arising from the committee’s exercise
p.000100: of its functions in assessing the ethics of health or social care research.
p.000100:
p.000100: 113 Approval of research
p.000100: (1) The HRA must publish guidance about—
p.000100:
p.000100: Care Act 2014 (c. 23) Part 3 — Health
p.000100: Chapter 2 — Health Research Authority
p.000101: 101
p.000101:
p.000101: (a) the cases in which, in its opinion, good practice requires a person proposing to conduct health
p.000101: or social care research that involves individuals to obtain the approval of a research ethics committee
p.000101: recognised or established by the HRA under this Chapter, and
p.000101: (b) the cases in which an enactment requires a person proposing to conduct research of that kind to obtain
p.000101: that approval.
p.000101: (2) Before publishing guidance under subsection (1), the HRA must—
p.000101: (a) consult the devolved authorities and such other persons as the HRA considers appropriate, and
p.000101: (b) obtain the approval of the Secretary of State.
p.000101: (3) The HRA may revise guidance under subsection (1) and, where it does so, it must publish the guidance as
p.000101: revised; subsection (2) applies to revised guidance in so far as the HRA considers the revisions significant.
p.000101: (4) Schedule 8 (which amends various references to research ethics committees in secondary legislation) has effect.
p.000101:
p.000101: 114 Recognition by the HRA
...
p.000109: 13N and 14Z1.”
p.000109: (2) After section 223G of that Act (meeting expenditure of clinical commissioning groups out of public funds)
p.000109: insert—
p.000109: “223GA Expenditure on integration
p.000109: (1) Where the mandate includes a requirement in reliance on section 223B(6) (requirements relating to use
p.000109: by the Board of an amount paid to the Board where mandate specifies service integration objectives), the Board may
p.000109: direct a clinical commissioning group that an amount (a “designated amount”) of the sums paid to the group
p.000109: under section 223G is to be used for purposes relating to service integration.
p.000109: (2) The designated amount is to be determined—
p.000109: (a) where the mandate includes a requirement (in reliance on section 223B(6)) that designated amounts are to
p.000109: be determined by the Board in a manner specified in the mandate, in that manner;
p.000109: (b) in any other case, in such manner as the Board considers appropriate.
p.000109: (3) The conditions under section 223G(7) subject to which the payment of a designated amount is made must include a
p.000109: condition that the group transfers the amount into one or more funds (“pooled funds”)
p.000109:
p.000110: 110
p.000110: Care Act 2014 (c. 23) Part 4 — Health and social care
p.000110:
p.000110: established under arrangements under section 75(2)(a) (“pooling arrangements”).
p.000110: (4) The conditions may also include—
p.000110: (a) conditions relating to the preparation and agreement by the group and each local
p.000110: authority and other clinical commissioning group that is party to the pooling arrangements of a plan for
p.000110: how to use the designated amount (a “spending plan”);
p.000110: (b) conditions relating to the approval of a spending plan by the Board;
p.000110: (c) conditions relating to the inclusion of performance objectives in a spending plan;
p.000110: (d) conditions relating to the meeting of any performance objectives included in a spending plan
p.000110: or specified by the Board.
p.000110: (5) Where a condition subject to which the payment of a designated amount is made is not met, the Board
p.000110: may—
p.000110: (a) withhold the payment (in so far as it has not been made);
p.000110: (b) recover the payment (in so far as it has been made);
p.000110: (c) direct the clinical commissioning group as to the use of the designated amount for purposes relating
p.000110: to service integration or for making payments under section 256.
p.000110: (6) Where the Board withholds or recovers a payment under subsection (5)(a) or (b)—
p.000110: (a) it may use the amount for purposes consistent with such objectives and requirements relating to
p.000110: service integration as are specified in the mandate, and
p.000110: (b) in so far as the exercise of the power under paragraph (a) involves making a payment
p.000110: to a different clinical commissioning group or some other person, the making of the payment is subject
p.000110: to such conditions as the Board may determine.
p.000110: (7) The requirements that may be specified in the mandate in reliance on section 223B(6) include requirements to
p.000110: consult the Secretary of State or other specified persons before exercising a power under subsection (5) or (6).
p.000110: (8) The power under subsection (5)(b) to recover a payment may be exercised in a financial year after
p.000110: the one in respect of which the payment was made.
p.000110: (9) The payments that may be made out of a pooled fund into which a designated amount is transferred include
p.000110: payments to a local authority which is not party to the pooling arrangements in question in
p.000110: connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and
p.000110: Regeneration Act 1996 (disabilities facilities grants).
p.000110: (10) In exercising a power under this section, the Board must have regard to the extent to which there is a
p.000110: need for the provision of each of the following—
p.000110: (a) health services (see subsection (12)),
p.000110:
p.000110: Care Act 2014 (c. 23)
p.000110: Part 4 — Health and social care
p.000111: 111
p.000111:
p.000111: (b) health-related services (within the meaning given in section 14Z1), and
p.000111: (c) social care services (within the meaning given in that section).
p.000111: (11) A reference in this section to service integration is a reference to the integration of the provision of
p.000111: health services with the provision of health-related services or social care services, as referred to in sections
p.000111: 13N and 14Z1.
p.000111: (12) “Health services” means services provided as part of the health service in England.”.
p.000111:
p.000111: Information
p.000111:
p.000111: 122 The Health and Social Care Information Centre: restrictions on dissemination of information
p.000111: (1) Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre) is
p.000111: amended as follows.
p.000111: (2) In section 253(1) (general duties), after paragraph (c) (but before the “and” after it) insert—
p.000111: “(ca) the need to respect and promote the privacy of recipients of health services and of adult social
p.000111: care in England,”.
p.000111: (3) In section 261 (other dissemination of information), after subsection (1) insert— “(1A) But the Information
p.000111: Centre may do so only if it considers that
...
Health / Cognitive Impairment
Searching for indicator impaired:
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p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
p.000002: 83 Imposition of licence conditions on NHS foundation trusts
p.000002: 84 Trust special administration: appointment of administrator
p.000002: 85 Trust special administration: objective, consultation and reports
p.000002:
p.000002: Care Quality Commission
p.000002: 86 Restriction on applications for variation or removal of conditions
p.000002: 87 Rights of appeal
p.000002: 88 Unitary board
p.000002:
p.000002: Increasing the independence of the Care Quality Commission
p.000002: 89 Chief Inspectors
p.000002: 90 Independence of the Care Quality Commission
p.000002:
p.000002: Performance ratings
p.000002: 91 Reviews and performance assessments
p.000002:
p.000002: False or misleading information
p.000002: 92 Offence
p.000002: 93 Penalties
p.000002: 94 Offences by bodies
p.000002:
p.000002: Regulated activities
p.000002: 95 Training for persons working in regulated activity
p.000002: PART 3 HEALTH CHAPTER 1
p.000002: HEALTH EDUCATION ENGLAND
p.000002:
p.000002: Establishment
p.000002: 96 Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: v
p.000002:
p.000002:
...
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
p.000072:
p.000072: (b) has a physical or mental impairment which is not a disability but which gives rise, or which the authority
p.000072: considers may in the future give rise, to needs for care and support, or
p.000072: (c) comes within any other category of persons the authority considers appropriate to include in a
p.000072: register of persons who have, or the authority considers may in the future have, needs for care and support.
...
Searching for indicator impairment:
(return to top)
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
p.000072:
p.000072: (b) has a physical or mental impairment which is not a disability but which gives rise, or which the authority
p.000072: considers may in the future give rise, to needs for care and support, or
p.000072: (c) comes within any other category of persons the authority considers appropriate to include in a
p.000072: register of persons who have, or the authority considers may in the future have, needs for care and support.
p.000072: (5) “Disability” has the meaning given by section 6 of the Equality Act 2010.
p.000072:
p.000072: 78 Guidance, etc.
p.000072: (1) A local authority must act under the general guidance of the Secretary of State in the exercise of functions
p.000072: given to it by this Part or by regulations under this Part.
p.000072: (2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons
p.000072: as the Secretary of State considers appropriate.
p.000072: (3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion
p.000072: of individual well-being)—
p.000072: (a) in issuing guidance for the purposes of subsection (1);
p.000072: (b) in making regulations under this Part.
p.000072:
p.000072: 79 Delegation of local authority functions
p.000072: (1) A local authority may authorise a person to exercise on its behalf a function it has under—
p.000072: (a) this Part or regulations under this Part (but see subsection (2)), or
...
Health / Drug Dependence
Searching for indicator dependence:
(return to top)
p.000085: (1) A care provider of a specified description commits an offence if—
p.000085: (a) it supplies, publishes or otherwise makes available information of a specified description,
p.000085: (b) the supply, publication or making available by other means of information of that description
p.000085: is required under an enactment or other legal obligation, and
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
p.000086: provision of that information by that provider does not also constitute an offence under section 64 of the Health and
...
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
p.000098: relating to health or social care research, with a view to co-ordinating and standardising practice relating
...
Health / Drug Usage
Searching for indicator substance:
(return to top)
p.000032: agreement;
p.000032: (c) require statements or other information relating to specified matters, or in a specified form, to be included in
p.000032: such an agreement.
p.000032: (9) The regulations may make provision for the purpose of enabling local authorities to protect (for
p.000032: example, by registration) or enforce security obtained for the payment of the adult’s deferred amount or the payment of
p.000032: any interest or other amount referred to in subsection (1); and, for that purpose, the regulations may
p.000032: amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.
p.000032: (10) This section applies in relation to an agreement of the kind mentioned in section 34(8) as it
p.000032: applies in relation to a deferred payment agreement; and for that purpose—
p.000032: (a) the references in subsections (1), (3) and (5) to the adult’s deferred amount are to be read as
p.000032: references to the loan; and
p.000032: (b) the reference in subsection (9) to payment of the adult’s deferred amount is to be read as a reference
p.000032: to repayment of the loan.
p.000032:
p.000032: 36 Alternative financial arrangements
p.000032: (1) Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or
p.000032: permit a local authority to enter into alternative financial arrangements of a specified description with an adult.
p.000032: (2) “Alternative financial arrangements” means arrangements which in the Secretary of State’s opinion—
p.000032: (a) equate in substance to a deferred payment agreement or an agreement of the kind mentioned in section 34(8), but
p.000032: (b) achieve a similar effect to an agreement of the kind in question without including provision for the payment of
p.000032: interest.
p.000032: (3) The regulations may make provision in connection with alternative financial arrangements to which they apply,
p.000032: including, in particular, provision of the kind that may (or must) be made in regulations under section 34 or 35 (apart
p.000032: from provision for the payment of interest).
p.000032:
p.000032: Care Act 2014 (c. 23)
p.000033: 33
p.000033: Part 1 — Care and support
p.000033:
p.000033: Continuity of care and support when adult moves
p.000033:
p.000033: 37 Notification, assessment, etc.
p.000033: (1) This section applies where—
p.000033: (a) an adult’s needs for care and support are being met by a local authority (“the first authority”) under section
p.000033: 18 or 19,
p.000033: (b) the adult notifies another local authority (“the second authority”) (or that authority is notified on the
p.000033: adult’s behalf) that the adult intends to move to the area of the second authority, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (2) This section also applies where—
p.000033: (a) an adult is not having needs for care and support met under either of those sections but a local authority (“the
...
Health / Mentally Disabled
Searching for indicator disabled:
(return to top)
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
p.000002: 83 Imposition of licence conditions on NHS foundation trusts
p.000002: 84 Trust special administration: appointment of administrator
p.000002: 85 Trust special administration: objective, consultation and reports
p.000002:
p.000002: Care Quality Commission
p.000002: 86 Restriction on applications for variation or removal of conditions
p.000002: 87 Rights of appeal
p.000002: 88 Unitary board
p.000002:
p.000002: Increasing the independence of the Care Quality Commission
p.000002: 89 Chief Inspectors
p.000002: 90 Independence of the Care Quality Commission
p.000002:
p.000002: Performance ratings
p.000002: 91 Reviews and performance assessments
p.000002:
p.000002: False or misleading information
p.000002: 92 Offence
p.000002: 93 Penalties
p.000002: 94 Offences by bodies
p.000002:
p.000002: Regulated activities
p.000002: 95 Training for persons working in regulated activity
p.000002: PART 3 HEALTH CHAPTER 1
p.000002: HEALTH EDUCATION ENGLAND
p.000002:
p.000002: Establishment
p.000002: 96 Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: v
p.000002:
p.000002:
p.000002: National functions
...
p.000046: (10) “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the
p.000046: National Health Service Act 2006.
p.000046: (11) Where a local authority considers it necessary to do so for the purpose of carrying out its duty
p.000046: under section 48(2), it may request the registered care provider, or such other person involved in the
p.000046: provider’s business as it considers appropriate, to provide it with specified information.
p.000046: (12) Regulations must make provision as to the interpretation for the purposes of sections 48, 50 and 51 and this
p.000046: section of references to business failure or to being unable to do something because of business failure; and the
p.000046: regulations may, in particular, specify circumstances in which a person is to be treated as unable to do something
p.000046: because of business failure.
p.000046: (13) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014—
p.000046: (a) a reference in section 49 or 51 to making arrangements to meet needs under section 35 or 36 of that Act is to be
p.000046: read as a reference to making arrangements or providing services under—
p.000046: (i) Part 3 of the National Assistance Act 1948,
p.000046: (ii) section 45 of the Health Services and Public Health Act 1968,
p.000046: (iii) section 117 of the Mental Health Act 1983, or
p.000046: (iv) Schedule 15 to the National Health Service (Wales) Act 2006;
p.000046: (b) a reference in section 49 or 51 to making arrangements to meet needs under section 40 or 45 of that Act
p.000046: is to be read as a reference to providing services as referred to in section 2 of the Carers and Disabled
p.000046: Children Act 2000;
p.000046: (c) a reference in section 49 or 51 to making direct payments under section 50 or 52 of that Act is to be
p.000046: read as a reference to making direct payments by virtue of section 57 of the Health and Social Care Act 2001;
p.000046: (d) subsection (8) is to be read as if there were substituted for it—
p.000046: “(8) Sections 21(1A) and (8) and 29(6) of the National Assistance Act 1948 apply to meeting needs under section
p.000046: 50(3) as they apply to the exercise of functions under sections 21 and 29 of that Act by a local authority in
p.000046: Wales (within the meaning given in paragraph 12 of Schedule 1).”
p.000046:
p.000046: Care Act 2014 (c. 23)
p.000047: 47
p.000047: Part 1 — Care and support
p.000047:
p.000047: (14) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—
p.000047: (a) sections 49(2)(b)(ii) and 50(2)(b)(ii) are to be read as if there were substituted for each of them—
p.000047: “(ii) under section 12B of the Social Work (Scotland)
p.000047: Act 1968,”, and
p.000047: (b) section 51(2)(b)(iii) is to be read as if there were substituted for it— “(iii) under section 12B of the
p.000047: Social Work (Scotland)
p.000047: Act 1968.”.
p.000047:
p.000047: Market oversight
p.000047:
p.000047: 53 Specifying criteria for application of market oversight regime
p.000047: (1) Regulations must specify criteria for determining whether (subject to regulations under
p.000047: subsection (4)) section 55 (financial sustainability assessment) applies to a registered care provider
...
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
p.000058: (2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the
p.000058: person’s case, they must continue to comply with section 17 until they do reach a conclusion in his case.
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
p.000058: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to
p.000058: treat it as a needs assessment in accordance with section 59(6) of that Act—
p.000058: (a) they must carry out a needs assessment after the child reaches the age of 18, and
p.000058: (b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
p.000058: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000058: continue to comply with section 2 after he reaches that age until—
p.000058: (a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
p.000058:
p.000058: Care Act 2014 (c. 23)
p.000059: 59
p.000059: Part 1 — Care and support
p.000059:
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (5) Subsection (6) applies where a local authority in England making arrangements for a disabled child
p.000059: under section 2—
p.000059: (a) receive a request for a child’s needs assessment to be carried out in relation to the child, but
p.000059: (b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
p.000059: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000059: request, they must continue to comply with section 2 after he reaches that age until—
p.000059: (a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (7) A local authority reach a conclusion in a person’s case when—
p.000059: (a) they conclude that he does not have needs for care and support,
p.000059: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000059: begin to do so, or
p.000059: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000059: (whether because those needs do not meet the eligibility criteria or for some other reason).
p.000059: (8) In this section, “child’s needs assessment”, “needs assessment” and “eligibility criteria” each have the
p.000059: same meaning as in Part 1 of the Care Act 2014.”
p.000059:
...
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
p.000072:
...
Searching for indicator disability:
(return to top)
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
p.000072:
p.000072: (b) has a physical or mental impairment which is not a disability but which gives rise, or which the authority
p.000072: considers may in the future give rise, to needs for care and support, or
p.000072: (c) comes within any other category of persons the authority considers appropriate to include in a
p.000072: register of persons who have, or the authority considers may in the future have, needs for care and support.
p.000072: (5) “Disability” has the meaning given by section 6 of the Equality Act 2010.
p.000072:
p.000072: 78 Guidance, etc.
p.000072: (1) A local authority must act under the general guidance of the Secretary of State in the exercise of functions
p.000072: given to it by this Part or by regulations under this Part.
p.000072: (2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons
p.000072: as the Secretary of State considers appropriate.
p.000072: (3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion
p.000072: of individual well-being)—
p.000072: (a) in issuing guidance for the purposes of subsection (1);
p.000072: (b) in making regulations under this Part.
p.000072:
p.000072: 79 Delegation of local authority functions
p.000072: (1) A local authority may authorise a person to exercise on its behalf a function it has under—
p.000072: (a) this Part or regulations under this Part (but see subsection (2)), or
p.000072: (b) section 117 of the Mental Health Act 1983 (after-care services).
p.000072: (2) The references in subsection (1)(a) to this Part do not include a reference to—
p.000072: (a) section 3 (promoting integration with health services etc.),
p.000072: (b) sections 6 and 7 (co-operating),
p.000072: (c) section 14 (charges),
p.000072: (d) sections 42 to 47 (safeguarding adults at risk of abuse or neglect), or
p.000072: (e) this section.
p.000072: (3) An authorisation under this section may authorise an employee of the authorised person to exercise the
...
p.000085: 164.
p.000085:
p.000085: False or misleading information
p.000085:
p.000085: 92 Offence
p.000085: (1) A care provider of a specified description commits an offence if—
p.000085: (a) it supplies, publishes or otherwise makes available information of a specified description,
p.000085: (b) the supply, publication or making available by other means of information of that description
p.000085: is required under an enactment or other legal obligation, and
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
...
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002:
p.000002: PART 1
p.000002: CARE AND SUPPORT
p.000002:
p.000002: General responsibilities of local authorities
p.000002:
p.000002: 1 Promoting individual well-being
p.000002: (1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is
p.000002: to promote that individual’s well-being.
p.000002: (2) “Well-being”, in relation to an individual, means that individual’s well-being so far as relating to any of the
p.000002: following—
p.000002: (a) personal dignity (including treatment of the individual with respect);
p.000002: (b) physical and mental health and emotional well-being;
p.000002: (c) protection from abuse and neglect;
p.000002: (d) control by the individual over day-to-day life (including over care and support, or support, provided to the
p.000002: individual and the way in which it is provided);
p.000002:
p.000002: 2
p.000002: Care Act 2014 (c. 23)
p.000002: Part 1 — Care and support
p.000002:
p.000002: (e) participation in work, education, training or recreation;
p.000002: (f) social and economic well-being;
p.000002: (g) domestic, family and personal relationships;
p.000002: (h) suitability of living accommodation;
p.000002: (i) the individual’s contribution to society.
p.000002: (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the
p.000002: following matters in particular—
p.000002: (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual’s
p.000002: well-being;
p.000002: (b) the individual’s views, wishes, feelings and beliefs;
p.000002: (c) the importance of preventing or delaying the development of needs for care and support or needs for support and
p.000002: the importance of reducing needs of either kind that already exist;
p.000002: (d) the need to ensure that decisions about the individual are made having regard to all the individual’s
p.000002: circumstances (and are not based only on the individual’s age or appearance or any condition of the individual’s or
p.000002: aspect of the individual’s behaviour which might lead others to make unjustified assumptions about the
p.000002: individual’s well-being);
p.000002: (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the
p.000002: function concerned and being provided with the information and support necessary to enable the individual to
p.000002: participate;
p.000002: (f) the importance of achieving a balance between the individual’s well- being and that of any friends or relatives
p.000002: who are involved in caring for the individual;
p.000002: (g) the need to protect people from abuse and neglect;
...
p.000011: (3) Where, having refused a needs assessment, an adult requests the assessment, section 9(1) applies in the adult’s
p.000011: case (and subsection (1) above does not).
p.000011: (4) Where an adult has refused a needs assessment and the local authority concerned thinks that the
p.000011: adult’s needs or circumstances have changed, section 9(1) applies in the adult’s case (but subject to further refusal
p.000011: as mentioned in subsection (1) above).
p.000011: (5) Where a carer refuses a carer’s assessment, the local authority concerned is not required to carry out the
p.000011: assessment (and section 10(1) does not apply in the carer’s case).
p.000011: (6) Where, having refused a carer’s assessment, a carer requests the assessment, section 10(1) applies in the
p.000011: carer’s case (and subsection (5) above does not).
p.000011: (7) Where a carer has refused a carer’s assessment and the local authority concerned thinks that the
p.000011: needs or circumstances of the carer or the adult needing care have changed, section 10(1) applies in the
p.000011: carer’s case (but subject to further refusal as mentioned in subsection (5) above).
p.000011:
p.000011: 12 Assessments under sections 9 and 10: further provision
p.000011: (1) Regulations must make further provision about carrying out a needs or carer’s assessment; the regulations may,
p.000011: in particular—
p.000011: (a) require the local authority, in carrying out the assessment, to have regard to the needs of the family
p.000011: of the adult to whom the assessment relates;
p.000011: (b) specify other matters to which the local authority must have regard in carrying out the assessment
p.000011: (including, in particular, the matters to which it must have regard in seeking to ensure that the assessment is
p.000011: carried out in an appropriate and proportionate manner);
p.000011: (c) specify steps that the local authority must take for the purpose of ensuring that the assessment
p.000011: is carried out in an appropriate and proportionate manner;
p.000011: (d) specify circumstances in which the assessment may or must be carried out by a person (whether or not an officer
p.000011: of the authority) who has expertise in a specified matter or is of such other description as is specified,
p.000011: jointly with or on behalf of the local authority;
p.000011: (e) specify circumstances in which the adult to whom the assessment relates may carry out the assessment
p.000011: jointly with the local authority;
p.000011: (f) specify circumstances in which the local authority must, before carrying out the assessment or
p.000011: when doing so, consult a person who
p.000011:
p.000012: 12
p.000012: Care Act 2014 (c. 23)
p.000012: Part 1 — Care and support
p.000012:
p.000012: has expertise in a specified matter or is of such other description as is specified;
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.000085: 164.
p.000085:
p.000085: False or misleading information
p.000085:
p.000085: 92 Offence
p.000085: (1) A care provider of a specified description commits an offence if—
p.000085: (a) it supplies, publishes or otherwise makes available information of a specified description,
p.000085: (b) the supply, publication or making available by other means of information of that description
p.000085: is required under an enactment or other legal obligation, and
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
...
p.000097: (c) functions as a member of the United Kingdom Ethics Committee Authority (see section 116 and the
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
p.000098: relating to health or social care research, with a view to co-ordinating and standardising practice relating
p.000098: to the regulation of such research—
p.000098: (a) the Secretary of State;
...
p.000130: by a Health and Social Care trust.
p.000130: (4) “NHS body” means—
p.000130: (a) an NHS trust established under section 25 of the National Health Service Act 2006,
p.000130: (b) an NHS foundation trust,
p.000130: (c) the National Health Service Commissioning Board, or
p.000130: (d) a clinical commissioning group.
p.000130: (5) A reference to the NHS body responsible for a hospital patient is—
p.000130:
p.000130: Care Act 2014 (c. 23)
p.000130: Schedule 3 — Discharge of hospital patients with care and support needs
p.000131: 131
p.000131:
p.000131: (a) if the hospital is an NHS hospital, a reference to the NHS body managing it, or
p.000131: (b) if the hospital is an independent hospital, a reference to the NHS body that arranged for the patient
p.000131: to be accommodated in it.
p.000131: (6) “Acute care” means intensive medical treatment provided by or under the supervision of a consultant, that lasts
p.000131: for a limited period after which the person receiving the treatment no longer benefits from it.
p.000131: (7) Care is not “acute care” if the patient has given an undertaking (or one has been given on the patient’s behalf)
p.000131: to pay for it; nor is any of the following “acute care”—
p.000131: (a) care of an expectant or nursing mother;
p.000131: (b) mental health care;
p.000131: (c) palliative care;
p.000131: (d) a structured programme of care provided for a limited period to help a person maintain or regain the ability to
p.000131: live at home;
p.000131: (e) care provided for recuperation or rehabilitation.
p.000131: (8) “Mental health care” means psychiatric services, or other services provided for the purpose of preventing,
p.000131: diagnosing or treating illness, the arrangements for which are the primary responsibility of a
p.000131: consultant psychiatrist.
p.000131: Further provision about assessment notices, discharge notices, etc.
p.000131: 8 Regulations may—
p.000131: (a) specify the form and content of an assessment notice, a discharge notice or a withdrawal notice;
p.000131: (b) specify the manner in which an assessment notice, a discharge notice or a withdrawal notice may be given;
p.000131: (c) specify when a discharge notice may be given;
p.000131: (d) specify circumstances in which a withdrawal notice must be given;
p.000131: (e) make provision for determining the day on which an assessment notice, a discharge notice or a
p.000131: withdrawal notice is to be regarded as given.
p.000131:
p.000131:
p.000131: SCHEDULE 4 Section 75
p.000131: PART 1
p.000131: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983: DIRECT PAYMENTS
p.000131: 1 (1) Sections 31 (adults with capacity to request direct payments), 32 (adults without capacity to
p.000131: request direct payments) and 33 (direct payments: further provision) apply in relation to section 117 of the
p.000131: Mental Health Act 1983 but as if the following modifications were made to those sections.
p.000131: (2) For subsection (1) of section 31, substitute—
p.000131: “(1) This section applies where an adult to whom section 117 of the Mental Health Act 1983
p.000131: (after-care) applies requests the local authority to make payments to the adult or a person nominated by
p.000131:
p.000132: 132
p.000132: Care Act 2014 (c. 23)
p.000132: Schedule 4 —
...
Health / Physically Ill
Searching for indicator sick:
(return to top)
p.000058: (8) In this section, “child’s needs assessment”, “child’s carer’s assessment”, “young carer’s assessment”, “needs
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
p.000058: (2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the
p.000058: person’s case, they must continue to comply with section 17 until they do reach a conclusion in his case.
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
p.000058: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to
...
Health / Terminally Ill
Searching for indicator terminally:
(return to top)
p.000018: meet an adult’s needs for care and support if—
p.000018: (a) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,
p.000018: and
p.000018: (b) the authority is satisfied that it is not required to meet the adult’s needs under section 18.
p.000018: (2) A local authority, having made a determination under section 13(1), may meet an adult’s needs for care and
p.000018: support which meet the eligibility criteria if—
p.000018: (a) the adult is ordinarily resident in the area of another local authority,
p.000018: (b) there is no charge under section 14 for meeting the needs or, in so far as there is such a charge, condition 1,
p.000018: 2 or 3 in section 18 is met, and
p.000018: (c) the authority has notified the other local authority of its intention to meet the needs.
p.000018: (3) A local authority may meet an adult’s needs for care and support which appear to it to be urgent (regardless of
p.000018: whether the adult is ordinarily resident in its area) without having yet—
p.000018: (a) carried out a needs assessment or a financial assessment, or
p.000018: (b) made a determination under section 13(1).
p.000018: (4) A local authority may meet an adult’s needs under subsection (3) where, for example, the adult is terminally ill
p.000018: (within the meaning given in section 82(4) of the Welfare Reform Act 2012).
p.000018: (5) The reference in subsection (2) to there being no charge under section 14 for meeting an adult’s needs is to be
p.000018: construed in accordance with section 18(6).
p.000018:
p.000018: 20 Duty and power to meet a carer’s needs for support
p.000018: (1) A local authority, having made a determination under section 13(1), must meet a carer’s needs for support which
p.000018: meet the eligibility criteria if—
p.000018: (a) the adult needing care is ordinarily resident in the local authority’s area or is present in its area but of no
p.000018: settled residence,
p.000018:
p.000018: Care Act 2014 (c. 23)
p.000019: 19
p.000019: Part 1 — Care and support
p.000019:
p.000019: (b) in so far as meeting the carer’s needs involves the provision of support to the carer, there is no charge under
p.000019: section 14 for meeting the needs or, in so far as there is, condition 1 or 2 is met, and
p.000019: (c) in so far as meeting the carer’s needs involves the provision of care and support to the adult needing care—
p.000019: (i) there is no charge under section 14 for meeting the needs and the adult needing care agrees to the needs
p.000019: being met in that way, or
p.000019: (ii) in so far as there is such a charge, condition 3 or 4 is met.
p.000019: (2) Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out
p.000019: that the carer’s financial resources are at or below the financial limit.
p.000019: (3) Condition 2 is met if—
...
Health / ill
Searching for indicator ill:
(return to top)
p.000018: meet an adult’s needs for care and support if—
p.000018: (a) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,
p.000018: and
p.000018: (b) the authority is satisfied that it is not required to meet the adult’s needs under section 18.
p.000018: (2) A local authority, having made a determination under section 13(1), may meet an adult’s needs for care and
p.000018: support which meet the eligibility criteria if—
p.000018: (a) the adult is ordinarily resident in the area of another local authority,
p.000018: (b) there is no charge under section 14 for meeting the needs or, in so far as there is such a charge, condition 1,
p.000018: 2 or 3 in section 18 is met, and
p.000018: (c) the authority has notified the other local authority of its intention to meet the needs.
p.000018: (3) A local authority may meet an adult’s needs for care and support which appear to it to be urgent (regardless of
p.000018: whether the adult is ordinarily resident in its area) without having yet—
p.000018: (a) carried out a needs assessment or a financial assessment, or
p.000018: (b) made a determination under section 13(1).
p.000018: (4) A local authority may meet an adult’s needs under subsection (3) where, for example, the adult is terminally ill
p.000018: (within the meaning given in section 82(4) of the Welfare Reform Act 2012).
p.000018: (5) The reference in subsection (2) to there being no charge under section 14 for meeting an adult’s needs is to be
p.000018: construed in accordance with section 18(6).
p.000018:
p.000018: 20 Duty and power to meet a carer’s needs for support
p.000018: (1) A local authority, having made a determination under section 13(1), must meet a carer’s needs for support which
p.000018: meet the eligibility criteria if—
p.000018: (a) the adult needing care is ordinarily resident in the local authority’s area or is present in its area but of no
p.000018: settled residence,
p.000018:
p.000018: Care Act 2014 (c. 23)
p.000019: 19
p.000019: Part 1 — Care and support
p.000019:
p.000019: (b) in so far as meeting the carer’s needs involves the provision of support to the carer, there is no charge under
p.000019: section 14 for meeting the needs or, in so far as there is, condition 1 or 2 is met, and
p.000019: (c) in so far as meeting the carer’s needs involves the provision of care and support to the adult needing care—
p.000019: (i) there is no charge under section 14 for meeting the needs and the adult needing care agrees to the needs
p.000019: being met in that way, or
p.000019: (ii) in so far as there is such a charge, condition 3 or 4 is met.
p.000019: (2) Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out
p.000019: that the carer’s financial resources are at or below the financial limit.
p.000019: (3) Condition 2 is met if—
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.000004: (a) health services provided as part of the health service, or
p.000004: (b) services provided in the exercise of social services functions (as defined by section 1A of the Local Authority
p.000004: Social Services Act 1970).
p.000004: (5) For the purposes of this section, the provision of housing is health-related provision.
p.000004: (6) In section 13N of the National Health Service Act 2006 (duty of NHS Commissioning Board to promote
p.000004: integration), at the end insert—
p.000004: “(5) For the purposes of this section, the provision of housing accommodation is a
p.000004: health-related service.”
p.000004: (7) In section 14Z1 of that Act (duty of clinical commissioning groups to promote integration), at the end insert—
p.000004: “(4) For the purposes of this section, the provision of housing accommodation is a
p.000004: health-related service.”
p.000004:
p.000004: 4 Providing information and advice
p.000004: (1) A local authority must establish and maintain a service for providing people in its area with information and
p.000004: advice relating to care and support for adults and support for carers.
p.000004: (2) The service must provide information and advice on the following matters in particular—
p.000004: (a) the system provided for by this Part and how the system operates in the authority’s area,
p.000004: (b) the choice of types of care and support, and the choice of providers, available to those who are in the
p.000004: authority’s area,
p.000004: (c) how to access the care and support that is available,
p.000004: (d) how to access independent financial advice on matters relevant to the meeting of needs for care and support, and
p.000004: (e) how to raise concerns about the safety or well-being of an adult who has needs for care and support.
p.000004: (3) In providing information and advice under this section, a local authority must in particular—
p.000004: (a) have regard to the importance of identifying adults in the authority’s area who would be likely to benefit from
p.000004: financial advice on matters relevant to the meeting of needs for care and support, and
p.000004: (b) seek to ensure that what it provides is sufficient to enable adults—
p.000004:
p.000004: Care Act 2014 (c. 23)
p.000005: 5
p.000005: Part 1 — Care and support
p.000005:
p.000005: (i) to identify matters that are or might be relevant to their personal financial position that could be affected by
p.000005: the system provided for by this Part,
p.000005: (ii) to make plans for meeting needs for care and support that might arise, and
p.000005: (iii) to understand the different ways in which they may access independent financial advice on matters
p.000005: relevant to the meeting of needs for care and support.
p.000005: (4) Information and advice provided under this section must be accessible to, and proportionate to the needs of,
p.000005: those for whom it is being provided.
p.000005: (5) “Independent financial advice” means financial advice provided by a person who is independent of the local
p.000005: authority in question.
p.000005: (6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other
p.000005: local authorities by establishing and maintaining a service for their combined area—
p.000005: (a) references in this section to a local authority are to be read as references to the authorities acting jointly,
p.000005: and
p.000005: (b) references in this section to a local authority’s area are to be read as references to the combined area.
p.000005:
p.000005: 5 Promoting diversity and quality in provision of services
p.000005: (1) A local authority must promote the efficient and effective operation of a market in services for meeting care
p.000005: and support needs with a view to ensuring that any person in its area wishing to access services in the market—
p.000005: (a) has a variety of providers to choose from who (taken together) provide a variety of services;
p.000005: (b) has a variety of high quality services to choose from;
p.000005: (c) has sufficient information to make an informed decision about how to meet the needs in question.
p.000005: (2) In performing that duty, a local authority must have regard to the following matters in particular—
p.000005: (a) the need to ensure that the authority has, and makes available, information about the providers of
p.000005: services for meeting care and support needs and the types of services they provide;
p.000005: (b) the need to ensure that it is aware of current and likely future demand for such services and to consider
p.000005: how providers might meet that demand;
p.000005: (c) the importance of enabling adults with needs for care and support, and carers with needs for support, who wish
p.000005: to do so to participate in work, education or training;
p.000005: (d) the importance of ensuring the sustainability of the market (in circumstances where it
p.000005: is operating effectively as well as in circumstances where it is not);
p.000005: (e) the importance of fostering continuous improvement in the quality of such services and the efficiency and
p.000005: effectiveness with which such services are provided and of encouraging innovation in their provision;
p.000005: (f) the importance of fostering a workforce whose members are able to ensure the delivery of high quality
p.000005: services (because, for example, they have relevant skills and appropriate working conditions).
p.000005:
p.000006: 6
...
p.000011: jointly with or on behalf of the local authority;
p.000011: (e) specify circumstances in which the adult to whom the assessment relates may carry out the assessment
p.000011: jointly with the local authority;
p.000011: (f) specify circumstances in which the local authority must, before carrying out the assessment or
p.000011: when doing so, consult a person who
p.000011:
p.000012: 12
p.000012: Care Act 2014 (c. 23)
p.000012: Part 1 — Care and support
p.000012:
p.000012: has expertise in a specified matter or is of such other description as is specified;
p.000012: (g) specify circumstances in which the local authority must refer the adult concerned for an assessment of
p.000012: eligibility for NHS continuing healthcare.
p.000012: (2) The regulations may include provision for facilitating the carrying out of a needs or carer’s
p.000012: assessment in circumstances specified under subsection (1)(d) or (e); they may, for example, give the local authority
p.000012: power to provide the person carrying out the assessment—
p.000012: (a) in the case of a needs assessment, with information about the adult to whom the assessment relates;
p.000012: (b) in the case of a carer’s assessment, with information about the carer to whom the assessment relates and about
p.000012: the adult needing care;
p.000012: (c) in either case, with whatever resources, or with access to whatever facilities, the authority
p.000012: thinks will be required to carry out the assessment.
p.000012: (3) The local authority must give a written record of a needs assessment to—
p.000012: (a) the adult to whom the assessment relates,
p.000012: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000012: (c) any other person to whom the adult asks the authority to give a copy.
p.000012: (4) The local authority must give a written record of a carer’s assessment to—
p.000012: (a) the carer to whom the assessment relates,
p.000012: (b) the adult needing care, if the carer asks the authority to do so, and
p.000012: (c) any other person to whom the carer asks the authority to give a copy.
p.000012: (5) A local authority may combine a needs or carer’s assessment with an assessment it is carrying out
p.000012: (whether or not under this Part) in relation to another person only if the adult to whom the needs
p.000012: or carer’s assessment relates agrees and—
p.000012: (a) where the combination would include an assessment relating to another adult, that other adult agrees;
p.000012: (b) where the combination would include an assessment relating to a child (including a young carer), the consent
...
p.000023: (5) In performing the duty under subsection (3)(a) or (4)(a), the local authority must take all
p.000023: reasonable steps to reach agreement with the adult or carer for whom the plan is being prepared about how the authority
p.000023: should meet the needs in question.
p.000023: (6) In seeking to ensure that the plan is proportionate to the needs to be met, the local authority must have regard
p.000023: in particular—
p.000023: (a) in the case of a care and support plan, to the matters referred to in section 9(4);
p.000023: (b) in the case of a support plan, to the matters referred to in section 10(5) and (6).
p.000023: (7) The local authority may authorise a person (including the person for whom the plan is to be prepared) to prepare
p.000023: the plan jointly with the authority.
p.000023: (8) The local authority may do things to facilitate the preparation of the plan in a case within subsection (7); it
p.000023: may, for example, provide a person authorised under that subsection with—
p.000023: (a) in the case of a care and support plan, information about the adult for whom the plan is being prepared;
p.000023:
p.000024: 24
p.000024: Care Act 2014 (c. 23)
p.000024: Part 1 — Care and support
p.000024:
p.000024: (b) in the case of a support plan, information about the carer and the adult needing care;
p.000024: (c) in either case, whatever resources, or access to whatever facilities, the authority thinks are required to
p.000024: prepare the plan.
p.000024: (9) The local authority must give a copy of a care and support plan to—
p.000024: (a) the adult for whom it has been prepared,
p.000024: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000024: (c) any other person to whom the adult asks the authority to give a copy.
p.000024: (10) The local authority must give a copy of a support plan to—
p.000024: (a) the carer for whom it has been prepared,
p.000024: (b) the adult needing care, if the carer asks the authority to do so, and
p.000024: (c) any other person to whom the carer asks the authority to give a copy.
p.000024: (11) A local authority may combine a care and support plan or a support plan with a plan (whether or not
p.000024: prepared by it and whether or not under this Part) relating to another person only if the adult for whom the
p.000024: care and support plan or the support plan is being prepared agrees and—
p.000024: (a) where the combination would include a plan prepared for another adult, that other adult agrees;
p.000024: (b) where the combination would include a plan prepared for a child (including a young carer), the consent
...
p.000028: (b) the adult requests the local authority to meet some or all of those needs by making payments to the adult or a
p.000028: person nominated by the adult.
p.000028: (2) If conditions 1 to 4 are met, the local authority must, subject to regulations under section 33,
p.000028: make the payments to which the request relates to the adult or nominated person.
p.000028: (3) A payment under this section is referred to in this Part as a “direct payment”.
p.000028: (4) Condition 1 is that—
p.000028: (a) the adult has capacity to make the request, and
p.000028: (b) where there is a nominated person, that person agrees to receive the payments.
p.000028: (5) Condition 2 is that—
p.000028: (a) the local authority is not prohibited by regulations under section 33 from meeting the adult’s needs
p.000028: by making direct payments to the adult or nominated person, and
p.000028: (b) if regulations under that section give the local authority discretion to decide not to meet the adult’s needs by
p.000028: making direct payments to the adult or nominated person, it does not exercise that discretion.
p.000028: (6) Condition 3 is that the local authority is satisfied that the adult or nominated person is capable of managing
p.000028: direct payments—
p.000028: (a) by himself or herself, or
p.000028: (b) with whatever help the authority thinks the adult or nominated person will be able to access.
p.000028: (7) Condition 4 is that the local authority is satisfied that making direct payments to the adult or nominated
p.000028: person is an appropriate way to meet the needs in question.
p.000028:
p.000028: 32 Adults without capacity to request direct payments
p.000028: (1) This section applies where—
p.000028: (a) a personal budget for an adult specifies an amount which the local authority must pay towards the
p.000028: cost of meeting the needs to which the personal budget relates, and
p.000028: (b) the adult lacks capacity to request the local authority to meet any of those needs by making payments to the
p.000028: adult, but
p.000028: (c) an authorised person requests the local authority to meet some or all of those needs by making payments to the
p.000028: authorised person.
p.000028: (2) If conditions 1 to 5 are met, the local authority must, subject to regulations under section 33,
p.000028: make the payments to which the request relates to the authorised person.
p.000028: (3) A payment under this section is referred to in this Part as a “direct payment”.
p.000028: (4) A person is authorised for the purposes of this section if—
p.000028: (a) the person is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care
p.000028: and support,
p.000028:
p.000028: Care Act 2014 (c. 23)
p.000029: 29
p.000029: Part 1 — Care and support
p.000029:
...
p.000029: the local authority considers that the person is a suitable person to whom to make direct payments.
p.000029: (5) Condition 1 is that, where the authorised person is not authorised as mentioned in
p.000029: subsection (4)(a) but there is at least one person who is so authorised, a person who is so authorised
p.000029: supports the authorised person’s request.
p.000029: (6) Condition 2 is that—
p.000029: (a) the local authority is not prohibited by regulations under section 33 from meeting the adult’s
p.000029: needs by making direct payments to the authorised person, and
p.000029: (b) if regulations under that section give the local authority discretion to decide not to meet the adult’s needs by
p.000029: making direct payments to the authorised person, it does not exercise that discretion.
p.000029: (7) Condition 3 is that the local authority is satisfied that the authorised person will act in the adult’s best
p.000029: interests in arranging for the provision of the care and support for which the direct payments under this section would
p.000029: be used.
p.000029: (8) Condition 4 is that the local authority is satisfied that the authorised person is capable of managing direct
p.000029: payments—
p.000029: (a) by himself or herself, or
p.000029: (b) with whatever help the authority thinks the authorised person will be able to access.
p.000029: (9) Condition 5 is that the local authority is satisfied that making direct payments to the authorised person is an
p.000029: appropriate way to meet the needs in question.
p.000029:
p.000029: 33 Direct payments: further provision
p.000029: (1) Regulations must make further provision about direct payments.
p.000029: (2) The regulations may, in particular, specify—
p.000029: (a) cases or circumstances in which a local authority must not, or cases or circumstances in which it has the
p.000029: discretion to decide not to, meet needs by making direct payments;
p.000029: (b) conditions which a local authority may or must attach to the making of direct payments;
p.000029: (c) matters to which a local authority may or must have regard when making a decision of a specified type
p.000029: in relation to direct payments;
p.000029: (d) steps which a local authority may or must take before, or after, making a decision of a specified type in
p.000029: relation to direct payments;
p.000029: (e) cases or circumstances in which an adult who lacks capacity to request the making of direct payments must or may
p.000029: nonetheless be regarded for the purposes of this Part or the regulations as having capacity to do so;
p.000029: (f) cases or circumstances in which an adult who no longer lacks capacity to make such a request must or may
...
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
p.000098: relating to health or social care research, with a view to co-ordinating and standardising practice relating
p.000098: to the regulation of such research—
p.000098: (a) the Secretary of State;
p.000098: (b) the licensing authority for the purposes of the Medicines Act 1968;
p.000098: (c) the Health and Social Care Information Centre;
p.000098: (d) the Chief Medical Officer of the Department of Health;
p.000098: (e) the Human Fertilisation and Embryology Authority;
p.000098: (f) the Human Tissue Authority;
p.000098: (g) the Care Quality Commission;
p.000098: (h) the Administration of Radioactive Substances Advisory Committee;
p.000098: (i) such person, or a person of such description, as regulations may specify.
p.000098: (2) In performing the duty under subsection (1), a person must have regard to the need—
p.000098:
p.000098: Care Act 2014 (c. 23)
p.000099: 99
p.000099: Part 3 — Health
p.000099: Chapter 2 — Health Research Authority
p.000099:
...
Searching for indicator freedomXofXinformation:
(return to top)
p.000144: (3) HEE must—
p.000144: (a) lay a copy of the report before Parliament, and
p.000144: (b) send a copy of it to the Secretary of State.
p.000144: (4) HEE must provide the Secretary of State with such other reports and information relating to the
p.000144: exercise of its functions as the Secretary of State may request.
p.000144:
p.000144: PART 4 CONSEQUENTIAL AMENDMENTS
p.000144: Public Records Act 1958
p.000144:
p.000144: 29 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert—
p.000144: “Health Education England.”
p.000144: Public Bodies (Admission to Meetings) Act 1960
p.000144: 30 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bl) insert—
p.000144: “(bm) Health Education England;”.
p.000144: Parliamentary Commissioner Act 1967
p.000144: 31 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place
p.000144: insert—
p.000144: “Health Education England”.
p.000144: House of Commons Disqualification Act 1975
p.000144: 32 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000144: insert—
p.000144: “Health Education England.”
p.000144: Copyright, Designs and Patents Act 1988
p.000144: 33 In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after
p.000144: “the Care Quality Commission” insert “, Health Education England”.
p.000144: Freedom of Information Act 2000
p.000144: 34 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (health service), at the
p.000144: appropriate place insert—
p.000144: “Health Education England.”
p.000144:
p.000144: Care Act 2014 (c. 23)
p.000144: Schedule 5 — Health Education England Part 4 — Consequential amendments
p.000144:
p.000144: Equality Act 2010
p.000145: 145
p.000145:
p.000145: 35 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality
p.000145: duty), in the group of entries under the heading “Health, social care and social security”, before the
p.000145: entry for the Health Service Commissioner for England, insert—
p.000145: “Health Education England.”
p.000145:
p.000145:
p.000145: SCHEDULE 6 Section 104
p.000145: LOCAL EDUCATION AND TRAINING BOARDS
p.000145: The area for which an LETB is appointed
p.000145: 1 (1) HEE must ensure that the areas of LETBs—
p.000145: (a) do not coincide or overlap, and
p.000145: (b) together cover the whole of England.
p.000145: (2) HEE may vary the area of an LETB.
p.000145: (3) HEE must—
p.000145: (a) keep an up-to-date record of the area of each LETB, and
p.000145: (b) publish the record.
p.000145: Assessment of whether the appointment criteria are being met in relation to LETBs
p.000145: 2 (1) HEE must, whenever it considers appropriate, assess—
p.000145: (a) whether the appointment criteria are being met in relation to an LETB, and
...
p.000154:
p.000154:
p.000154: PART 4
p.000154: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority Part 4 — Consequential amendments
p.000154:
p.000154: CONSEQUENTIAL AMENDMENTS
p.000154: Public Records Act 1958
p.000154:
p.000154: 21 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert—
p.000154: “Health Research Authority.”
p.000154: Public Bodies (Admission to Meetings) Act 1960
p.000154: 22 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bm) (inserted by
p.000154: paragraph 30 of Schedule 5 to this Act) insert—
p.000154: “(bn) the Health Research Authority;”.
p.000154: Parliamentary Commissioner Act 1967
p.000154: 23 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place
p.000154: insert—
p.000154: “Health Research Authority.”
p.000154: House of Commons Disqualification Act 1975
p.000154: 24 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000154: insert—
p.000154: “The Health Research Authority.”
p.000154: Copyright, Designs and Patents Act 1988
p.000154: 25 In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “Health
p.000154: Education England” (inserted by paragraph 33 of Schedule 5 to this Act) insert “, the Health Research Authority”.
p.000154: Freedom of Information Act 2000
p.000154: 26 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate
p.000154: place insert—
p.000154: “The Health Research Authority.”
p.000154: Equality Act 2010
p.000154: 27 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality
p.000154: duty), in the group of entries under the heading “Health, social care and social security”, after the entry for
p.000154: Health Education England (inserted by paragraph 35 of Schedule 5 to this Act) insert—
p.000154: “The Health Research Authority.”
p.000154:
p.000154: Care Act 2014 (c. 23)
p.000154: Schedule 8 — Research ethics committees: amendments
p.000155: 155
p.000155:
p.000155: SCHEDULE 8 Section 113
p.000155: RESEARCH ETHICS COMMITTEES: AMENDMENTS
p.000155: Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)
p.000155: 1 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059), in the
p.000155: definition of “ethics committee”—
p.000155: (a) omit paragraph (a), and
p.000155: (b) for paragraph (c) substitute—
p.000155: “(c) a research ethics committee recognised or established by or on behalf of the Health Research
p.000155: Authority under the Care Act 2014, or
p.000155: (d) any other group of persons which assesses the ethics of research involving individuals and which is
...
Social / Age
Searching for indicator age:
(return to top)
p.000002: following—
p.000002: (a) personal dignity (including treatment of the individual with respect);
p.000002: (b) physical and mental health and emotional well-being;
p.000002: (c) protection from abuse and neglect;
p.000002: (d) control by the individual over day-to-day life (including over care and support, or support, provided to the
p.000002: individual and the way in which it is provided);
p.000002:
p.000002: 2
p.000002: Care Act 2014 (c. 23)
p.000002: Part 1 — Care and support
p.000002:
p.000002: (e) participation in work, education, training or recreation;
p.000002: (f) social and economic well-being;
p.000002: (g) domestic, family and personal relationships;
p.000002: (h) suitability of living accommodation;
p.000002: (i) the individual’s contribution to society.
p.000002: (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the
p.000002: following matters in particular—
p.000002: (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual’s
p.000002: well-being;
p.000002: (b) the individual’s views, wishes, feelings and beliefs;
p.000002: (c) the importance of preventing or delaying the development of needs for care and support or needs for support and
p.000002: the importance of reducing needs of either kind that already exist;
p.000002: (d) the need to ensure that decisions about the individual are made having regard to all the individual’s
p.000002: circumstances (and are not based only on the individual’s age or appearance or any condition of the individual’s or
p.000002: aspect of the individual’s behaviour which might lead others to make unjustified assumptions about the
p.000002: individual’s well-being);
p.000002: (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the
p.000002: function concerned and being provided with the information and support necessary to enable the individual to
p.000002: participate;
p.000002: (f) the importance of achieving a balance between the individual’s well- being and that of any friends or relatives
p.000002: who are involved in caring for the individual;
p.000002: (g) the need to protect people from abuse and neglect;
p.000002: (h) the need to ensure that any restriction on the individual’s rights or freedom of action that is
p.000002: involved in the exercise of the function is kept to the minimum necessary for achieving the purpose for which
p.000002: the function is being exercised.
p.000002: (4) “Local authority” means—
p.000002: (a) a county council in England,
p.000002: (b) a district council for an area in England for which there is no county council,
p.000002: (c) a London borough council, or
p.000002: (d) the Common Council of the City of London.
p.000002:
p.000002: 2 Preventing needs for care and support
p.000002: (1) A local authority must provide or arrange for the provision of services, facilities or resources, or
p.000002: take other steps, which it considers will—
p.000002: (a) contribute towards preventing or delaying the development by adults in its area of needs for care and support;
...
p.000014: (a) in so far as the local authority met those needs, to the cost to the local authority of having done so (as
p.000014: reckoned from the costs specified in the personal budget for meeting those needs (see section 26));
p.000014:
p.000014: Care Act 2014 (c. 23)
p.000015: 15
p.000015: Part 1 — Care and support
p.000015:
p.000015: (b) in so far as another local authority met the needs, to the cost to that other local authority of having done so
p.000015: (as reckoned from the costs so specified for meeting those needs);
p.000015: (c) in so far as a person other than a local authority met the needs, to what the cost of doing so would have
p.000015: been to the local authority which would otherwise have done so (as reckoned from the costs specified in the
p.000015: independent personal budget for meeting those needs (see section 28).
p.000015: (3) An adult’s needs are “eligible needs” if, at the time they were met—
p.000015: (a) they met the eligibility criteria,
p.000015: (b) they were not being met by a carer, and
p.000015: (c) the adult was ordinarily resident or present in the area of a local authority.
p.000015: (4) The “cap on care costs” is the amount specified as such in regulations; and the regulations may in particular
p.000015: (in reliance on section 125(7))—
p.000015: (a) specify different amounts for persons of different age groups;
p.000015: (b) specify zero as the amount for persons of a specified description.
p.000015: (5) The total of the costs accrued in meeting an adult’s eligible needs after the commencement of this
p.000015: section (as referred to in subsection (1)) is referred to in this Part as the adult’s “accrued costs”.
p.000015: (6) Where the costs accrued include daily living costs, the amount attributable to the daily living costs is to be
p.000015: disregarded in working out for the purposes of subsection (1) the total of the costs accrued in meeting an adult’s
p.000015: eligible needs after the commencement of this section.
p.000015: (7) Where the cost to a local authority of meeting an adult’s needs under section 18 includes daily living costs,
p.000015: and the accrued costs exceed the cap on care costs (with the result that subsection (1) applies), the local authority
p.000015: may nonetheless make a charge to cover the amount attributable to those daily living costs.
p.000015: (8) For the purposes of this Part, the amount attributable to an adult’s daily living costs is the amount specified
p.000015: in, or determined in accordance with, regulations.
p.000015:
p.000015: 16 Cap on care costs: annual adjustment
p.000015: (1) Where it appears to the Secretary of State that the level of average earnings in England is different at the
p.000015: end of a review period from what it was at the beginning of that period, the Secretary of State must make
p.000015: regulations under section 15(4) to vary the cap on care costs by the percentage increase or decrease by
p.000015: which that level has changed.
p.000015: (2) If a variation is made under subsection (1), each adult’s accrued costs are to be varied by the same percentage
...
p.000056: it would be reasonable to combine an assessment relating to that person with the child’s needs, child’s carer’s or
p.000056: young carer’s assessment (as mentioned in subsections (2) and (3)).
p.000056:
p.000056: 66 Continuity of services under other legislation
p.000056: (1) Before section 17A of the Children Act 1989 insert—
p.000056: “17ZH Section 17 services: transition for children to adult care and support
p.000056: (1) Subsections (2) to (4) apply where a local authority in England providing services for a child in
p.000056: need in the exercise of functions conferred by section 17—
p.000056:
p.000056: Care Act 2014 (c. 23)
p.000057: 57
p.000057: Part 1 — Care and support
p.000057:
p.000057: (a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child’s needs assessment
p.000057: or young carer’s assessment in relation to the child, or
p.000057: (b) are required by section 60(1) of that Act to carry out a child’s carer’s assessment in relation to a carer of
p.000057: the child.
p.000057: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000057: a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of
p.000057: that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child
p.000057: reaches the age of 18 until they reach a conclusion in his case.
p.000057: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat
p.000057: it as a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
p.000057: (a) they must carry out a needs or carer’s assessment (as the case may be) after the child reaches the age of 18,
p.000057: and
p.000057: (b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his
p.000057: case.
p.000057: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000057: continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer’s assessment) does not
p.000057: apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (5) Subsection (6) applies where a local authority in England providing services for a child in need in the
p.000057: exercise of functions conferred by section 17—
p.000057: (a) receive a request for a child’s needs assessment or young carer’s assessment to be carried out in relation
p.000057: to the child or for a child’s carer’s assessment to be carried out in relation to a carer of the child, but
p.000057: (b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the
p.000057: assessment.
p.000057: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000057: request, they must continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (7) A local authority reach a conclusion in a person’s case when—
p.000057: (a) they conclude that he does not have needs for care and support or for support (as the case may be), or
p.000057: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000057: begin to do so, or
p.000057: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000057: (whether because
p.000057:
p.000058: 58
p.000058: Care Act 2014 (c. 23)
p.000058: Part 1 — Care and support
p.000058:
p.000058: those needs do not meet the eligibility criteria or for some other reason).
p.000058: (8) In this section, “child’s needs assessment”, “child’s carer’s assessment”, “young carer’s assessment”, “needs
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
...
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
p.000058: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to
p.000058: treat it as a needs assessment in accordance with section 59(6) of that Act—
p.000058: (a) they must carry out a needs assessment after the child reaches the age of 18, and
p.000058: (b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
p.000058: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000058: continue to comply with section 2 after he reaches that age until—
p.000058: (a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
p.000058:
p.000058: Care Act 2014 (c. 23)
p.000059: 59
p.000059: Part 1 — Care and support
p.000059:
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (5) Subsection (6) applies where a local authority in England making arrangements for a disabled child
p.000059: under section 2—
p.000059: (a) receive a request for a child’s needs assessment to be carried out in relation to the child, but
p.000059: (b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
p.000059: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000059: request, they must continue to comply with section 2 after he reaches that age until—
p.000059: (a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (7) A local authority reach a conclusion in a person’s case when—
p.000059: (a) they conclude that he does not have needs for care and support,
p.000059: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000059: begin to do so, or
p.000059: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000059: (whether because those needs do not meet the eligibility criteria or for some other reason).
p.000059: (8) In this section, “child’s needs assessment”, “needs assessment” and “eligibility criteria” each have the
p.000059: same meaning as in Part 1 of the Care Act 2014.”
p.000059:
p.000059: Independent advocacy support
p.000059:
p.000059: 67 Involvement in assessments, plans etc.
p.000059: (1) This section applies where a local authority is required by a relevant provision to involve an individual in its
p.000059: exercise of a function.
p.000059: (2) The authority must, if the condition in subsection (4) is met, arrange for a person who is
p.000059: independent of the authority (an “independent advocate”) to be available to represent and support the individual for
p.000059: the purpose of facilitating the individual’s involvement; but see subsection (5).
p.000059: (3) The relevant provisions are—
...
p.000085: (f) in Schedule 5 to that Act (amendments in consequence of Part 1 of that Act), omit paragraphs 157, 159, 163 and
p.000085: 164.
p.000085:
p.000085: False or misleading information
p.000085:
p.000085: 92 Offence
p.000085: (1) A care provider of a specified description commits an offence if—
p.000085: (a) it supplies, publishes or otherwise makes available information of a specified description,
p.000085: (b) the supply, publication or making available by other means of information of that description
p.000085: is required under an enactment or other legal obligation, and
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
...
p.000097: (c) functions as a member of the United Kingdom Ethics Committee Authority (see section 116 and the
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
...
Social / Child
Searching for indicator child:
(return to top)
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
...
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
p.000008: (10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act
p.000008: 2003.
p.000008:
p.000008: 7 Co-operating in specific cases
p.000008: (1) Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not
p.000008: one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for
p.000008: care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners,
p.000008: requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs
p.000008: for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (3) A person who decides not to comply with a request under subsection (1) or (2) must give the person who made the
p.000008: request written reasons for the decision.
p.000008: (4) “Relevant partner”, in relation to a local authority, has the same meaning as in section 6.
p.000008: (5) “Carer of a child” means a person who is a carer for the purposes of section 60.
p.000008:
p.000008: Meeting needs for care etc.
p.000008:
p.000008: 8 How to meet needs
p.000008: (1) The following are examples of what may be provided to meet needs under sections 18 to 20—
p.000008: (a) accommodation in a care home or in premises of some other type;
p.000008: (b) care and support at home or in the community;
p.000008: (c) counselling and other types of social work;
p.000008: (d) goods and facilities;
p.000008: (e) information, advice and advocacy.
p.000008: (2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20—
p.000008: (a) by arranging for a person other than it to provide a service;
p.000008:
p.000008: Care Act 2014 (c. 23)
p.000009: 9
p.000009: Part 1 — Care and support
p.000009:
p.000009: (b) by itself providing a service;
p.000009: (c) by making direct payments.
p.000009: (3) “Care home” has the meaning given by section 3 of the Care Standards Act 2000.
p.000009:
p.000009: Assessing needs
p.000009:
p.000009: 9 Assessment of an adult’s needs for care and support
p.000009: (1) Where it appears to a local authority that an adult may have needs for care and support, the authority must
p.000009: assess—
p.000009: (a) whether the adult does have needs for care and support, and
p.000009: (b) if the adult does, what those needs are.
p.000009: (2) An assessment under subsection (1) is referred to in this Part as a “needs assessment”.
...
p.000012: (c) in either case, with whatever resources, or with access to whatever facilities, the authority
p.000012: thinks will be required to carry out the assessment.
p.000012: (3) The local authority must give a written record of a needs assessment to—
p.000012: (a) the adult to whom the assessment relates,
p.000012: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000012: (c) any other person to whom the adult asks the authority to give a copy.
p.000012: (4) The local authority must give a written record of a carer’s assessment to—
p.000012: (a) the carer to whom the assessment relates,
p.000012: (b) the adult needing care, if the carer asks the authority to do so, and
p.000012: (c) any other person to whom the carer asks the authority to give a copy.
p.000012: (5) A local authority may combine a needs or carer’s assessment with an assessment it is carrying out
p.000012: (whether or not under this Part) in relation to another person only if the adult to whom the needs
p.000012: or carer’s assessment relates agrees and—
p.000012: (a) where the combination would include an assessment relating to another adult, that other adult agrees;
p.000012: (b) where the combination would include an assessment relating to a child (including a young carer), the consent
p.000012: condition is met in relation to the child.
p.000012: (6) The consent condition is met in relation to a child if—
p.000012: (a) the child has capacity or is competent to agree to the assessments being combined and does so agree, or
p.000012: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that combining the
p.000012: assessments would be in the child’s best interests.
p.000012: (7) Where a local authority is carrying out a needs or carer’s assessment, and there is some other assessment being
p.000012: or about to be carried out in relation to the adult to whom the assessment relates or in relation to a relevant person,
p.000012: the local authority may carry out that other assessment—
p.000012: (a) on behalf of or jointly with the body responsible for carrying it out, or
p.000012: (b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body
p.000012: and the other person.
p.000012:
p.000012: Care Act 2014 (c. 23)
p.000013: 13
p.000013: Part 1 — Care and support
p.000013:
p.000013: (8) A reference to a needs or carer’s assessment includes a reference to a needs or carer’s assessment (as the
p.000013: case may be) which forms part of a combined assessment under subsection (5).
p.000013: (9) A reference to an assessment includes a reference to part of an assessment.
p.000013: (10) “NHS continuing health care” is to be construed in accordance with standing rules under section 6E of the
p.000013: National Health Service Act 2006.
p.000013: (11) A person is a “relevant person”, in relation to a needs or carer’s assessment, if it would be reasonable to
p.000013: combine an assessment relating to that person with the needs or carer’s assessment (as mentioned in subsection (5)).
p.000013:
p.000013: 13 The eligibility criteria
p.000013: (1) Where a local authority is satisfied on the basis of a needs or carer’s assessment that an adult has needs
p.000013: for care and support or that a carer has needs for support, it must determine whether any of the
...
p.000024: (c) in either case, whatever resources, or access to whatever facilities, the authority thinks are required to
p.000024: prepare the plan.
p.000024: (9) The local authority must give a copy of a care and support plan to—
p.000024: (a) the adult for whom it has been prepared,
p.000024: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000024: (c) any other person to whom the adult asks the authority to give a copy.
p.000024: (10) The local authority must give a copy of a support plan to—
p.000024: (a) the carer for whom it has been prepared,
p.000024: (b) the adult needing care, if the carer asks the authority to do so, and
p.000024: (c) any other person to whom the carer asks the authority to give a copy.
p.000024: (11) A local authority may combine a care and support plan or a support plan with a plan (whether or not
p.000024: prepared by it and whether or not under this Part) relating to another person only if the adult for whom the
p.000024: care and support plan or the support plan is being prepared agrees and—
p.000024: (a) where the combination would include a plan prepared for another adult, that other adult agrees;
p.000024: (b) where the combination would include a plan prepared for a child (including a young carer), the consent
p.000024: condition is met in relation to the child.
p.000024: (12) The consent condition is met in relation to a child if—
p.000024: (a) the child has capacity or is competent to agree to the plans being combined and does so agree, or
p.000024: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that the
p.000024: combining the plans would be in the child’s best interests.
p.000024: (13) Regulations may specify cases or circumstances in which such of paragraphs
p.000024: (a) to (f) of subsection (1) and paragraphs (a) and (b) of subsection (2) as are specified do not apply.
p.000024: (14) The regulations may in particular specify that the paragraphs in question do not apply as regards specified
p.000024: needs or matters.
p.000024:
p.000024: 26 Personal budget
p.000024: (1) A personal budget for an adult is a statement which specifies—
p.000024: (a) the cost to the local authority of meeting those of the adult’s needs which it is required or
p.000024: decides to meet as mentioned in section 24(1),
p.000024: (b) the amount which, on the basis of the financial assessment, the adult must pay towards that cost, and
p.000024: (c) if on that basis the local authority must itself pay towards that cost, the amount which it must pay.
p.000024: (2) In the case of an adult with needs for care and support which the local authority is required to
p.000024: meet under section 18, the personal budget must also specify—
p.000024: (a) the cost to the local authority of meeting the adult’s needs under that section, and
p.000024: (b) where that cost includes daily living costs—
p.000024:
p.000024: Care Act 2014 (c. 23)
p.000025: 25
p.000025: Part 1 — Care and support
p.000025:
p.000025: (i) the amount attributable to those daily living costs, and
p.000025: (ii) the balance of the cost referred to in paragraph (a).
p.000025: (3) A personal budget for an adult may also specify other amounts of public money that are available in
...
p.000049: carry on a regulated activity.
p.000049: (6) The Commission may consult such persons as it considers appropriate on the methods to apply in assessing
p.000049: likelihood for the purposes of subsection (1); and, having carried out that consultation, it must publish
p.000049: guidance on the methods it expects to apply in making the assessment.
p.000049:
p.000049: 57 Sections 54 to 56: supplementary
p.000049: (1) For the purposes of Part 1 of the Health and Social Care Act 2008, the duties imposed on the Care Quality
p.000049: Commission under sections 54(1) and 55(1) are to be treated as regulatory functions of the Commission.
p.000049: (2) For the purposes of that Part of that Act, the doing by the Commission of anything for the purpose
p.000049: of assisting a local authority to carry out the duty under section 48(2) is to be treated as one of the
p.000049: Commission’s regulatory functions.
p.000049: (3) For the purposes of sections 17 and 18 of that Act (cancellation or suspension of registration under Part 1 of
p.000049: that Act), a requirement imposed on a registered care provider under or by virtue of any of sections 54 to 56 (or by
p.000049: virtue of subsection (1) or (2)) is to be treated as a requirement imposed by or under Chapter 6 of Part 1 of that Act.
p.000049: (4) The Commission must, in exercising any of its functions under sections 54 to 56, have regard to the need to
p.000049: minimise the burdens it imposes on others.
p.000049:
p.000049: Transition for children to adult care and support, etc.
p.000049:
p.000049: 58 Assessment of a child’s needs for care and support
p.000049: (1) Where it appears to a local authority that a child is likely to have needs for care and support after becoming
p.000049: 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the
p.000049: consent condition is met, assess—
p.000049:
p.000050: 50
p.000050: Care Act 2014 (c. 23)
p.000050: Part 1 — Care and support
p.000050:
p.000050: (a) whether the child has needs for care and support and, if so, what those needs are, and
p.000050: (b) whether the child is likely to have needs for care and support after becoming 18 and, if so, what
p.000050: those needs are likely to be.
p.000050: (2) An assessment under subsection (1) is referred to in this Part as a “child’s needs assessment”.
p.000050: (3) The consent condition is met if—
p.000050: (a) the child has capacity or is competent to consent to a child’s needs assessment being carried out
p.000050: and the child does so consent, or
p.000050: (b) the child lacks capacity or is not competent so to consent but the authority is satisfied that
p.000050: carrying out a child’s needs assessment would be in the child’s best interests.
p.000050: (4) Where a child refuses a child’s needs assessment and the consent condition is accordingly not met, the local
p.000050: authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or
p.000050: neglect.
p.000050: (5) Where a local authority, having received a request to carry out a child’s assessment from the child
p.000050: concerned or a parent or carer of the child, decides not to comply with the request, it must give the person
p.000050: who made the request—
p.000050: (a) written reasons for its decision, and
p.000050: (b) information and advice about what can be done to prevent or delay the development by the child of needs for care
p.000050: and support in the future.
p.000050: (6) “Parent”, in relation to a child, includes—
p.000050: (a) a parent of the child who does not have parental responsibility for the child, and
p.000050: (b) a person who is not a parent of the child but who has parental responsibility for the child.
p.000050: (7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for
p.000050: the child, whether or not under or by virtue of a contract or as voluntary work.
p.000050: (8) The reference to providing care includes a reference to providing practical or emotional support.
p.000050:
p.000050: 59 Child’s needs assessment: requirements etc.
p.000050: (1) A child’s needs assessment must include an assessment of—
p.000050: (a) the impact on the matters specified in section 1(2) of what the child’s needs for care and support are likely to
p.000050: be after the child becomes 18,
p.000050: (b) the outcomes that the child wishes to achieve in day-to-day life, and
p.000050: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000050: those outcomes.
p.000050: (2) A local authority, in carrying out a child’s needs assessment, must involve—
p.000050: (a) the child,
p.000050: (b) the child’s parents and any carer that the child has, and
p.000050: (c) any person whom the child or a parent or carer of the child requests the local authority to involve.
p.000050:
p.000050: Care Act 2014 (c. 23)
p.000051: 51
p.000051: Part 1 — Care and support
p.000051:
p.000051: (3) When carrying out a child’s needs assessment, a local authority must also consider whether, and if so
p.000051: to what extent, matters other than the provision of care and support could contribute to the achievement of the
p.000051: outcomes that the child wishes to achieve in day-to-day life.
p.000051: (4) Having carried out a child’s needs assessment, a local authority must give the child—
p.000051: (a) an indication as to whether any of the needs for care and support which it thinks the child is likely to have
p.000051: after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000051: (b) advice and information about—
p.000051: (i) what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;
p.000051: (ii) what can be done to prevent or delay the development by the child of needs for care and support in the future.
p.000051: (5) But in a case where the child is not competent or lacks capacity to understand the things which the local
p.000051: authority is required to give under subsection (4), that subsection is to have effect as if for “must give
p.000051: the child” there were substituted “must give the child’s parents”.
p.000051: (6) Where a person to whom a child’s needs assessment relates becomes 18, the local authority must decide
p.000051: whether to treat the assessment as a needs assessment; and if the authority decides to do so, this Part applies
p.000051: to the child’s needs assessment as if it were a needs assessment that had been carried out after the person had become
p.000051: 18.
p.000051: (7) In considering what to decide under subsection (6), a local authority must have regard to—
...
p.000052: (a) written reasons for its decision, and
p.000052: (b) information and advice about what can be done to prevent or delay the development by the carer of needs for
p.000052: support in the future.
p.000052: (7) “Carer”, in relation to a child, means an adult (including one who is a parent of the child) who provides or
p.000052: intends to provide care for the child (but see subsection (8)).
p.000052: (8) An adult is not a carer for the purposes of this section if the adult provides or intends to provide care—
p.000052: (a) under or by virtue of a contract, or
p.000052: (b) as voluntary work.
p.000052: (9) But in a case where the local authority considers that the relationship between the child and the adult
p.000052: providing or intending to provide care is such that it would be appropriate for the adult to be regarded as a carer,
p.000052: the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).
p.000052: (10) The references to providing care include a reference to providing practical or emotional support.
p.000052:
p.000052: 61 Child’s carer’s assessment: requirements etc.
p.000052: (1) A child’s carer’s assessment must include an assessment of—
p.000052: (a) whether the carer is able to provide care for the child and is likely to continue to be able to do so after the
p.000052: child becomes 18,
p.000052: (b) whether the carer is willing to do so and is likely to continue to be willing to do so after the
p.000052: child becomes 18,
p.000052: (c) the impact on the matters specified in section 1(2) of what the carer’s needs for support are likely to be after
p.000052: the child becomes 18,
p.000052: (d) the outcomes that the carer wishes to achieve in day-to-day life, and
p.000052: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000052: those outcomes.
p.000052: (2) A local authority, in carrying out a child’s carer’s assessment, must have regard to—
p.000052: (a) whether the carer works or wishes to do so, and
p.000052: (b) whether the carer is participating in or wishes to participate in education, training or recreation.
p.000052: (3) A local authority, in carrying out a child’s carer’s assessment, must involve—
p.000052: (a) the carer, and
p.000052: (b) any person whom the carer asks the local authority to involve.
p.000052: (4) When carrying out a child’s carer’s assessment, a local authority must also consider whether, and if
p.000052: so to what extent, matters other than the provision of
p.000052:
p.000052: Care Act 2014 (c. 23)
p.000053: 53
p.000053: Part 1 — Care and support
p.000053:
p.000053: support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day
p.000053: life.
p.000053: (5) Having carried out a child’s carer’s assessment, a local authority must give the carer—
p.000053: (a) an indication as to whether any of the needs for support which it thinks the carer is likely to have after the
p.000053: child becomes 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000053: (b) advice and information about—
p.000053: (i) what can be done to meet or reduce the needs which it thinks the carer is likely to have after the child becomes
p.000053: 18;
p.000053: (ii) what can be done to prevent or delay the development by the carer of needs for support in the future.
p.000053: (6) Where, in the case of a carer to whom a child’s carer’s assessment relates, the child becomes 18, the local
p.000053: authority must decide whether to treat the assessment as a carer’s assessment; and if the authority decides to do
p.000053: so, this Part applies to the child’s carer’s assessment as if it were a carer’s assessment that had been carried out
p.000053: after the child had become 18.
p.000053: (7) In considering what to decide under subsection (6), a local authority must have regard to—
p.000053: (a) when the child’s carer’s assessment was carried out, and
p.000053: (b) whether it appears to the authority that the circumstances of the carer to whom the child’s carer’s assessment
p.000053: relates have changed in a way that might affect the assessment.
p.000053: (8) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 62 Power to meet child’s carer’s needs for support
p.000053: (1) Where a local authority, having carried out a child’s carer’s assessment, is satisfied that the carer
p.000053: has needs for support, it may meet such of those needs as it considers appropriate.
p.000053: (2) Regulations may make provision in connection with the exercise of the power under subsection (1); the
p.000053: regulations may, in particular, provide for provisions of this Part to apply with such modifications as may be
p.000053: specified.
p.000053: (3) In deciding whether or how to exercise the power under subsection (1), a local authority must have regard to any
p.000053: services being provided to the carer under section 17 of the Children Act 1989.
p.000053: (4) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 63 Assessment of a young carer’s needs for support
p.000053: (1) Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18,
p.000053: the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the
p.000053: consent condition is met, assess—
p.000053: (a) whether the young carer has needs for support and, if so, what those needs are, and
p.000053: (b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those
p.000053: needs are likely to be.
p.000053:
p.000054: 54
p.000054: Care Act 2014 (c. 23)
p.000054: Part 1 — Care and support
p.000054:
p.000054: (2) An assessment under subsection (1) is referred to in this Part as a “young carer’s assessment”.
...
p.000055: becoming 18;
p.000055: (ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
p.000055: (6) But in a case where the young carer is not competent or lacks capacity to understand the things
p.000055: which the local authority is required to give under subsection (5), that subsection is to have effect as if for
p.000055: “must give the young carer” there were substituted “must give the young carer’s parents”.
p.000055: (7) Where a person to whom a young carer’s assessment relates becomes 18, the local authority must decide
p.000055: whether to treat the assessment as a carer’s assessment; and if the authority decides to do so, this Part
p.000055: applies to the young carer’s assessment as if it were a carer’s assessment that had been carried out after the person
p.000055: had become 18.
p.000055: (8) In considering what to decide under subsection (7), a local authority must have regard to—
p.000055: (a) when the young carer’s assessment was carried out, and
p.000055: (b) whether it appears to the authority that the circumstances of the person to whom the young carer’s assessment
p.000055: relates have changed in a way that might affect the assessment.
p.000055:
p.000055: 65 Assessments under sections 58 to 64: further provision
p.000055: (1) Regulations under section 12—
p.000055: (a) may make such provision about carrying out a child’s needs assessment as they may make about
p.000055: carrying out a needs assessment;
p.000055:
p.000056: 56
p.000056: Care Act 2014 (c. 23)
p.000056: Part 1 — Care and support
p.000056:
p.000056: (b) may make such provision about carrying out a child’s carer’s assessment or a young carer’s
p.000056: assessment as they may make about carrying out a carer’s assessment.
p.000056: (2) A local authority may combine a child’s needs assessment or young carer’s assessment with an assessment it is
p.000056: carrying out (whether or not under this Part) in relation to another person only if the consent condition is
p.000056: met in relation to the child to whom the child’s needs or young carer’s assessment relates and—
p.000056: (a) where the combination would include an assessment relating to another child, the consent condition
p.000056: is met in relation to that other child;
p.000056: (b) where the combination would include an assessment relating to an adult, the adult agrees.
p.000056: (3) A local authority may combine a child’s carer’s assessment with an assessment it is carrying out (whether or not
p.000056: under this Part) in relation to another person only if the adult to whom the child’s carer’s assessment relates agrees
p.000056: and—
p.000056: (a) where the combination would include an assessment relating to another adult, that other adult agrees,
p.000056: and
p.000056: (b) where the combination would include an assessment relating to a child, the consent condition is met in relation
p.000056: to that child.
p.000056: (4) The consent condition is met in relation to a child if—
p.000056: (a) the child has capacity or is competent to agree to the assessments being combined and does so agree, or
p.000056: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that combining the
p.000056: assessments would be in the child’s best interests.
p.000056: (5) Where a local authority is carrying out a child’s needs assessment, a child’s carer’s assessment or a young
p.000056: carer’s assessment, and there is some other assessment being or about to be carried out in relation to the person
p.000056: to whom the assessment relates or in relation to a relevant person, the local authority may carry out that other
p.000056: assessment—
p.000056: (a) on behalf of or jointly with the body responsible for carrying it out, or
p.000056: (b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body
p.000056: and the other person.
p.000056: (6) A reference to an assessment includes a reference to part of an assessment.
p.000056: (7) A person is a “relevant person”, in relation to a child’s needs, child’s carer’s or young carer’s assessment, if
p.000056: it would be reasonable to combine an assessment relating to that person with the child’s needs, child’s carer’s or
p.000056: young carer’s assessment (as mentioned in subsections (2) and (3)).
p.000056:
p.000056: 66 Continuity of services under other legislation
p.000056: (1) Before section 17A of the Children Act 1989 insert—
p.000056: “17ZH Section 17 services: transition for children to adult care and support
p.000056: (1) Subsections (2) to (4) apply where a local authority in England providing services for a child in
p.000056: need in the exercise of functions conferred by section 17—
p.000056:
p.000056: Care Act 2014 (c. 23)
p.000057: 57
p.000057: Part 1 — Care and support
p.000057:
p.000057: (a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child’s needs assessment
p.000057: or young carer’s assessment in relation to the child, or
p.000057: (b) are required by section 60(1) of that Act to carry out a child’s carer’s assessment in relation to a carer of
p.000057: the child.
p.000057: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000057: a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of
p.000057: that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child
p.000057: reaches the age of 18 until they reach a conclusion in his case.
p.000057: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat
p.000057: it as a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
p.000057: (a) they must carry out a needs or carer’s assessment (as the case may be) after the child reaches the age of 18,
p.000057: and
p.000057: (b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his
p.000057: case.
p.000057: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000057: continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer’s assessment) does not
p.000057: apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (5) Subsection (6) applies where a local authority in England providing services for a child in need in the
p.000057: exercise of functions conferred by section 17—
p.000057: (a) receive a request for a child’s needs assessment or young carer’s assessment to be carried out in relation
p.000057: to the child or for a child’s carer’s assessment to be carried out in relation to a carer of the child, but
p.000057: (b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the
p.000057: assessment.
p.000057: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000057: request, they must continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (7) A local authority reach a conclusion in a person’s case when—
p.000057: (a) they conclude that he does not have needs for care and support or for support (as the case may be), or
p.000057: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000057: begin to do so, or
p.000057: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000057: (whether because
p.000057:
p.000058: 58
p.000058: Care Act 2014 (c. 23)
p.000058: Part 1 — Care and support
p.000058:
p.000058: those needs do not meet the eligibility criteria or for some other reason).
p.000058: (8) In this section, “child’s needs assessment”, “child’s carer’s assessment”, “young carer’s assessment”, “needs
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
p.000058: (2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the
p.000058: person’s case, they must continue to comply with section 17 until they do reach a conclusion in his case.
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
p.000058: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to
p.000058: treat it as a needs assessment in accordance with section 59(6) of that Act—
p.000058: (a) they must carry out a needs assessment after the child reaches the age of 18, and
p.000058: (b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
p.000058: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000058: continue to comply with section 2 after he reaches that age until—
p.000058: (a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
p.000058:
p.000058: Care Act 2014 (c. 23)
p.000059: 59
p.000059: Part 1 — Care and support
p.000059:
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (5) Subsection (6) applies where a local authority in England making arrangements for a disabled child
p.000059: under section 2—
p.000059: (a) receive a request for a child’s needs assessment to be carried out in relation to the child, but
p.000059: (b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
p.000059: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000059: request, they must continue to comply with section 2 after he reaches that age until—
p.000059: (a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (7) A local authority reach a conclusion in a person’s case when—
p.000059: (a) they conclude that he does not have needs for care and support,
p.000059: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000059: begin to do so, or
p.000059: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000059: (whether because those needs do not meet the eligibility criteria or for some other reason).
p.000059: (8) In this section, “child’s needs assessment”, “needs assessment” and “eligibility criteria” each have the
p.000059: same meaning as in Part 1 of the Care Act 2014.”
p.000059:
p.000059: Independent advocacy support
p.000059:
p.000059: 67 Involvement in assessments, plans etc.
p.000059: (1) This section applies where a local authority is required by a relevant provision to involve an individual in its
p.000059: exercise of a function.
p.000059: (2) The authority must, if the condition in subsection (4) is met, arrange for a person who is
p.000059: independent of the authority (an “independent advocate”) to be available to represent and support the individual for
p.000059: the purpose of facilitating the individual’s involvement; but see subsection (5).
p.000059: (3) The relevant provisions are—
p.000059: (a) section 9(5)(a) and (b) (carrying out needs assessment);
p.000059: (b) section 10(7)(a) (carrying out carer’s assessment);
p.000059: (c) section 25(3)(a) and (b) (preparing care and support plan);
p.000059: (d) section 25(4)(a) and (b) (preparing support plan);
p.000059: (e) section 27(2)(b)(i) and (ii) (revising care and support plan);
p.000059: (f) section 27(3)(b)(i) and (ii) (revising support plan);
p.000059: (g) section 59(2)(a) and (b) (carrying out child’s needs assessment);
p.000059: (h) section 61(3)(a) (carrying out child’s carer’s assessment);
p.000059: (i) section 64(3)(a) and (b) (carrying out young carer’s assessment).
p.000059:
p.000060: 60
p.000060: Care Act 2014 (c. 23)
p.000060: Part 1 — Care and support
p.000060:
p.000060: (4) The condition is that the local authority considers that, were an independent advocate not to be available,
p.000060: the individual would experience substantial difficulty in doing one or more of the following—
p.000060: (a) understanding relevant information;
p.000060: (b) retaining that information;
p.000060: (c) using or weighing that information as part of the process of being involved;
p.000060: (d) communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other
p.000060: means).
p.000060: (5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
p.000060: (a) who would be an appropriate person to represent and support the individual for the purpose of
p.000060: facilitating the individual’s involvement, and
p.000060: (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for
p.000060: remuneration.
p.000060: (6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person
p.000060: unless—
p.000060: (a) where the individual has capacity or is competent to consent to being represented and supported by that
...
p.000073: (10) The provision which may be made in an order under subsection (9) in reliance on section 125(8)
p.000073: (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the
p.000073: rights and obligations of local authorities and persons authorised under this section in light of the provision
p.000073: made by the order.
p.000073: (11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to,
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
p.000073: explained by the provision of this Act specified in the second column.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073: Abuse Accrued costs Adult
p.000073: Expression
p.000073: Provision
p.000073: Section 42(3)
p.000073: Section 15(5)
p.000073: Section 2(8)
p.000073:
p.000073: Adult needing care
p.000073: Authority under the Mental Capacity Act 2005 Best interests
p.000073: Section 10(3)
p.000073: Subsection (3) below
p.000073: Subsection (2) below
p.000073:
p.000074: 74
p.000074: Care Act 2014 (c. 23)
p.000074: Part 1 — Care and support
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Cap on care costs
p.000074: Expression
p.000074: Provision
p.000074: Section 15(4)
p.000074:
p.000074: Capacity, having or lacking Care and support plan Care account
p.000074: Carer (other than in sections 58 to 62) Carer’s assessment
p.000074: Child’s carer’s assessment Child’s needs assessment
p.000074: Daily living costs, amount attributable to Deferred payment agreement
p.000074: Direct payment Eligibility criteria Financial assessment Financial limit Financial year
p.000074: The health service Independent personal budget Local authority
p.000074: Needs assessment Parent
p.000074: Personal budget Registered care provider Support plan
p.000074: Well-being Young carer
p.000074: Young carer’s assessment
p.000074: Subsection (2) below
p.000074: Section 25
p.000074: Section 29
p.000074: Section 10(3)
p.000074: Sections 10(2) and 12(8) and (9)
p.000074: Section 60(2)
p.000074: Section 58(2)
p.000074: Section 15(8)
p.000074: Section 34
p.000074: Sections 31 and 32
p.000074: Section 13
p.000074: Section 17(5)
p.000074: Section 17(10)
p.000074: Section 126
p.000074: Section 126
p.000074: Section 28
p.000074: Section 1(4)
p.000074: Sections 9(2) and 12(8) and (9)
p.000074: Section 58(6)
p.000074: Section 26
p.000074: Section 48
p.000074: Section 25
p.000074: Section 1(2)
p.000074: Section 63(6)
p.000074: Section 63(2)
p.000074:
p.000074: (2) A reference in this Part to having or lacking capacity, or to a person’s best interests, is to be
p.000074: interpreted in accordance with the Mental Capacity Act 2005.
p.000074: (3) A reference in this Part to being authorised under the Mental Capacity Act 2005 is a reference to being
p.000074: authorised (whether in general or specific terms) as—
p.000074: (a) a donee of a lasting power of attorney granted under that Act, or
p.000074:
p.000074: Care Act 2014 (c. 23)
p.000075: 75
p.000075: Part 1 — Care and support
...
p.000112: subject to annulment in pursuance of a resolution of either House of Parliament.
p.000112: (4) A statutory instrument which contains (whether alone or with other provision) any of the following may not be
p.000112: made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
p.000112: (a) regulations under section 13(7) (the eligibility criteria);
p.000112: (b) regulations under section 15(4) (the cap on care costs) other than those made in discharge of the duty under
p.000112: section 16(1);
p.000112: (c) the first regulations under section 15(8) (the amount attributable to an adult’s daily living costs);
p.000112: (d) regulations under section 22(2)(b) (services or facilities which a local authority may not provide or arrange);
p.000112: (e) regulations under section 35(9) or 36(3) (deferred payment agreements and loans and alternative financial
p.000112: arrangements) which include provision that amends or repeals a provision of an Act of Parliament, or provides
p.000112: for a provision of an Act of Parliament to apply with modifications;
p.000112: (f) the first regulations under section 52(12) (meaning of references to business failure);
p.000112: (g) the first regulations under section 53(1) (criteria for application of market oversight regime);
p.000112:
p.000112: Care Act 2014 (c. 23) Part 5 — General
p.000113: 113
p.000113:
p.000113: (h) the first regulations under section 53(4) (disapplication of market oversight regime in particular
p.000113: cases);
p.000113: (i) the first regulations under section 62(2) (exercise of power to meet child’s carer’s needs for
p.000113: support);
p.000113: (j) the first regulations under section 72 (Part 1 appeals);
p.000113: (k) subsequent regulations under that section which include provision that amends or repeals a provision of an Act
p.000113: of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
p.000113: (l) an order under section 79(9) (delegation of local authority functions);
p.000113: (m) regulations under section 92 (offence of supplying etc false or misleading information);
p.000113: (n) an order under section 123 (consequential provision) which includes provision that amends or repeals a provision
p.000113: of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
p.000113: (o) regulations under paragraph 18 of Schedule 7 (fees chargeable by the HRA).
p.000113: (5) Subsection (4) does not apply to a statutory instrument which contains regulations or an order within
p.000113: paragraph (e), (k) or (n) of that subsection, if the regulations or order are within the paragraph in question only
p.000113: because they include provision that applies an Act of Parliament with modifications for the purpose of making saving,
p.000113: transitional or transitory provision.
p.000113: (6) Subsection (3) does not apply to—
p.000113: (a) an order under section 96 (transfer order to new HEE);
p.000113: (b) an order under section 109 (transfer order to new HRA);
p.000113: (c) an order under section 124 (transitional etc. provision);
p.000113: (d) an order under section 127 (commencement).
p.000113: (7) A power to make regulations or an order under this Act—
p.000113: (a) may be exercised for all cases to which the power applies, for those cases subject to specified
...
p.000132: provision to the adult of after-care services under section 117 of the Mental Health Act 1983”.
p.000132: (7) In subsection (6) of that section—
p.000132: (a) in paragraph (a), for “meeting the adult’s needs” substitute “discharging its duty under
p.000132: section 117 of the Mental Health Act 1983”, and
p.000132: (b) in paragraph (b), for “to meet the adult’s needs” substitute “to discharge its duty under that
p.000132: section”.
p.000132: (8) In subsection (7) of that section, for “the provision of the care and support” substitute “the provision of
p.000132: after-care services under section 117 of the Mental Health Act 1983”.
p.000132: (9) In subsection (9) of that section, for “to meet the needs in question” substitute “to discharge its
p.000132: duty under section 117 of the Mental Health Act 1983”.
p.000132: (10) In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its duty under section 117 of the
p.000132: Mental Health Act 1983”.
p.000132: (11) For subsection (3) of that section, substitute—
p.000132: “(3) A direct payment is made on condition that it be used only to pay for arrangements under which after-care
p.000132: services for the adult are provided under section 117 of the Mental Health Act 1983.”
p.000132:
p.000132: Care Act 2014 (c. 23)
p.000132: Schedule 4 —
p.000132: Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2014
p.000132:
p.000132: PART 2
p.000133: 133
p.000133:
p.000133: PROVISION TO BE INSERTED IN SOCIAL SERVICES AND WELL-BEING (WALES) ACT 2014
p.000133: “SCHEDULE A1
p.000133: DIRECT PAYMENTS: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983
p.000133: General
p.000133: 1 Sections 50 (direct payments to meet an adult’s needs), 51 (direct payments to meet a child’s needs) and
p.000133: 53 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if
p.000133: the following modifications were made to those sections.
p.000133: Modifications to section 50
p.000133: 2 For subsection (1) of section 50 substitute—
p.000133: “(1) Regulations may require or allow a local authority to make payments to an adult to whom section
p.000133: 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging
p.000133: for the provision of after-care services for the adult under that section.”
p.000133: 3 In subsection (3) of that section—
p.000133: (a) in paragraph (a), for “who has needs for care and support (“A”)” substitute “in respect of the provision to the
p.000133: adult (“A”) of after-care services under section 117 of the Mental Health Act 1983”, and
p.000133: (b) in paragraph (c)(i), for “of meeting A’s needs” substitute “of discharging its duty towards A under section 117
p.000133: of the Mental Health Act 1983”.
p.000133: 4 In subsection (4) of that section—
p.000133: (a) in paragraph (a), for “who has needs for care and support (“A”)” substitute “to whom section 117 of the
p.000133: Mental Health Act 1983 applies (“A”)”, and
p.000133: (b) in paragraph (d)(i), for “meeting A’s needs” substitute “discharging its duty towards A under section 117
p.000133: of the Mental Health Act 1983”.
p.000133: 5 In subsection (5) of that section—
p.000133: (a) in paragraph (a), for “A’s needs for care and support” substitute “the provision to A of after-care
p.000133: services under section 117 of the Mental Health Act 1983”, and
p.000133: (b) in paragraph (b), for “towards the cost of meeting A’s needs for care and support” substitute
p.000133: “equivalent to the cost of providing or arranging the provision to A of after- care services under section 117 of the
p.000133: Mental Health Act 1983”.
p.000133:
p.000134: 134
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 4 — Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2014
p.000134:
p.000134: 6 In subsection (6)(b) of that section, for “A’s needs for care and support” substitute “the
p.000134: provision to A of after-care services under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 51
p.000134: 7 For subsection (1) of section 51 substitute—
p.000134: “(1) Regulations may require or allow a local authority to make payments to a person in respect of a
p.000134: child to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost
p.000134: of providing or arranging the provision of after-care services for the child under that section.”
p.000134: 8 In subsection (3)(a) and (b) of that section, for “who has needs for care and support” (in each place it
p.000134: occurs) substitute “to whom section 117 of the Mental Health Act 1983 applies”.
p.000134: 9 In subsection (5)(a) of that section, for “meeting the child’s needs” substitute “discharging its duty
p.000134: towards the child under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 53
p.000134: 10 In subsection (1) of section 53—
p.000134: (a) in the opening words, for “50, 51 or 52” substitute “50 or 51”,
p.000134: (b) omit paragraphs (a), (b) and (c),
p.000134: (c) in paragraph (i), for “a local authority’s duty or power to meet a person’s needs for care and support
p.000134: or a carer’s needs for support is displaced” substitute “a local authority’s duty under section 117
p.000134: of the Mental Health Act 1983 (after-care) is discharged”, and
p.000134: (d) in paragraph (k), for “50 to 52” substitute “50 and 51”.
p.000134: 11 Omit subsections (2) to (8) of that section.
p.000134: 12 After subsection (8) of that section insert—
p.000134: “(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of
p.000134: providing or arranging for the provision of after-care services under section 117 of the Mental Health Act
p.000134: 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of
p.000134: securing the provision of those services to meet those needs.”
p.000134: 13 In subsection (9) of that section—
p.000134: (a) for “, 51 or 52” substitute “or 51”, and
p.000134: (b) for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
p.000134: 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to
p.000134: meet needs” substitute “after-care services”.”
p.000134:
...
Searching for indicator children:
(return to top)
p.000002: 39 Where a person’s ordinary residence is
p.000002: 40 Disputes about ordinary residence or continuity of care
p.000002: 41 Financial adjustments between local authorities
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
...
p.000006: (3) The following are examples of persons with whom a local authority may consider it appropriate to
p.000006: co-operate for the purposes of subsection (2)—
p.000006: (a) a person who provides services to meet adults’ needs for care and support, services to meet carers’
p.000006: needs for support or services, facilities or resources of the kind referred to in section 2(1);
p.000006: (b) a person who provides primary medical services, primary dental services, primary ophthalmic services,
p.000006: pharmaceutical services or local pharmaceutical services under the National Health Service Act 2006;
p.000006: (c) a person in whom a hospital in England is vested which is not a health service hospital as defined by that Act;
p.000006: (d) a private registered provider of social housing.
p.000006:
p.000006: Care Act 2014 (c. 23)
p.000007: 7
p.000007: Part 1 — Care and support
p.000007:
p.000007: (4) A local authority must make arrangements for ensuring co-operation between—
p.000007: (a) the officers of the authority who exercise the authority’s functions relating to adults with needs
p.000007: for care and support or its functions relating to carers,
p.000007: (b) the officers of the authority who exercise the authority’s functions relating to housing (in so
p.000007: far as the exercise of those functions is relevant to functions referred to in paragraph (a)),
p.000007: (c) the Director of Children’s Services at the authority (in so far as the exercise of functions by that
p.000007: officer is relevant to the functions referred to in paragraph (a)), and
p.000007: (d) the authority’s director of public health (see section 73A of the National Health Service Act 2006).
p.000007: (5) The references in subsections (1) and (4)(a) to a local authority’s functions include a reference
p.000007: to the authority’s functions under sections 58 to 65 (transition for children with needs etc.).
p.000007: (6) The duties under subsections (1) to (4) are to be performed for the following purposes in particular—
p.000007: (a) promoting the well-being of adults with needs for care and support and of carers in the authority’s area,
p.000007: (b) improving the quality of care and support for adults and support for carers provided in the authority’s area
p.000007: (including the outcomes that are achieved from such provision),
p.000007: (c) smoothing the transition to the system provided for by this Part for persons in relation to whom
p.000007: functions under sections 58 to 65 are exercisable,
p.000007: (d) protecting adults with needs for care and support who are experiencing, or are at risk of,
p.000007: abuse or neglect, and
p.000007: (e) identifying lessons to be learned from cases where adults with needs for care and support have experienced
p.000007: serious abuse or neglect and applying those lessons to future cases.
p.000007: (7) Each of the following is a relevant partner of a local authority—
p.000007: (a) where the authority is a county council for an area for which there are district councils, each district
p.000007: council;
p.000007: (b) any local authority, or district council for an area in England for which there is a county council, with which
...
p.000046: National Health Service Act 2006.
p.000046: (11) Where a local authority considers it necessary to do so for the purpose of carrying out its duty
p.000046: under section 48(2), it may request the registered care provider, or such other person involved in the
p.000046: provider’s business as it considers appropriate, to provide it with specified information.
p.000046: (12) Regulations must make provision as to the interpretation for the purposes of sections 48, 50 and 51 and this
p.000046: section of references to business failure or to being unable to do something because of business failure; and the
p.000046: regulations may, in particular, specify circumstances in which a person is to be treated as unable to do something
p.000046: because of business failure.
p.000046: (13) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014—
p.000046: (a) a reference in section 49 or 51 to making arrangements to meet needs under section 35 or 36 of that Act is to be
p.000046: read as a reference to making arrangements or providing services under—
p.000046: (i) Part 3 of the National Assistance Act 1948,
p.000046: (ii) section 45 of the Health Services and Public Health Act 1968,
p.000046: (iii) section 117 of the Mental Health Act 1983, or
p.000046: (iv) Schedule 15 to the National Health Service (Wales) Act 2006;
p.000046: (b) a reference in section 49 or 51 to making arrangements to meet needs under section 40 or 45 of that Act
p.000046: is to be read as a reference to providing services as referred to in section 2 of the Carers and Disabled
p.000046: Children Act 2000;
p.000046: (c) a reference in section 49 or 51 to making direct payments under section 50 or 52 of that Act is to be
p.000046: read as a reference to making direct payments by virtue of section 57 of the Health and Social Care Act 2001;
p.000046: (d) subsection (8) is to be read as if there were substituted for it—
p.000046: “(8) Sections 21(1A) and (8) and 29(6) of the National Assistance Act 1948 apply to meeting needs under section
p.000046: 50(3) as they apply to the exercise of functions under sections 21 and 29 of that Act by a local authority in
p.000046: Wales (within the meaning given in paragraph 12 of Schedule 1).”
p.000046:
p.000046: Care Act 2014 (c. 23)
p.000047: 47
p.000047: Part 1 — Care and support
p.000047:
p.000047: (14) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—
p.000047: (a) sections 49(2)(b)(ii) and 50(2)(b)(ii) are to be read as if there were substituted for each of them—
p.000047: “(ii) under section 12B of the Social Work (Scotland)
p.000047: Act 1968,”, and
p.000047: (b) section 51(2)(b)(iii) is to be read as if there were substituted for it— “(iii) under section 12B of the
p.000047: Social Work (Scotland)
p.000047: Act 1968.”.
p.000047:
p.000047: Market oversight
p.000047:
p.000047: 53 Specifying criteria for application of market oversight regime
p.000047: (1) Regulations must specify criteria for determining whether (subject to regulations under
p.000047: subsection (4)) section 55 (financial sustainability assessment) applies to a registered care provider
p.000047: who is registered in respect of the carrying on of a regulated activity relating to the provision of social care for
p.000047: adults.
...
p.000049: (5) Regulations may make provision as to the circumstances in which the Commission is entitled to be
p.000049: satisfied for the purposes of subsection (1) that a registered care provider is likely to become unable to
p.000049: carry on a regulated activity.
p.000049: (6) The Commission may consult such persons as it considers appropriate on the methods to apply in assessing
p.000049: likelihood for the purposes of subsection (1); and, having carried out that consultation, it must publish
p.000049: guidance on the methods it expects to apply in making the assessment.
p.000049:
p.000049: 57 Sections 54 to 56: supplementary
p.000049: (1) For the purposes of Part 1 of the Health and Social Care Act 2008, the duties imposed on the Care Quality
p.000049: Commission under sections 54(1) and 55(1) are to be treated as regulatory functions of the Commission.
p.000049: (2) For the purposes of that Part of that Act, the doing by the Commission of anything for the purpose
p.000049: of assisting a local authority to carry out the duty under section 48(2) is to be treated as one of the
p.000049: Commission’s regulatory functions.
p.000049: (3) For the purposes of sections 17 and 18 of that Act (cancellation or suspension of registration under Part 1 of
p.000049: that Act), a requirement imposed on a registered care provider under or by virtue of any of sections 54 to 56 (or by
p.000049: virtue of subsection (1) or (2)) is to be treated as a requirement imposed by or under Chapter 6 of Part 1 of that Act.
p.000049: (4) The Commission must, in exercising any of its functions under sections 54 to 56, have regard to the need to
p.000049: minimise the burdens it imposes on others.
p.000049:
p.000049: Transition for children to adult care and support, etc.
p.000049:
p.000049: 58 Assessment of a child’s needs for care and support
p.000049: (1) Where it appears to a local authority that a child is likely to have needs for care and support after becoming
p.000049: 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the
p.000049: consent condition is met, assess—
p.000049:
p.000050: 50
p.000050: Care Act 2014 (c. 23)
p.000050: Part 1 — Care and support
p.000050:
p.000050: (a) whether the child has needs for care and support and, if so, what those needs are, and
p.000050: (b) whether the child is likely to have needs for care and support after becoming 18 and, if so, what
p.000050: those needs are likely to be.
p.000050: (2) An assessment under subsection (1) is referred to in this Part as a “child’s needs assessment”.
p.000050: (3) The consent condition is met if—
...
p.000053: (7) In considering what to decide under subsection (6), a local authority must have regard to—
p.000053: (a) when the child’s carer’s assessment was carried out, and
p.000053: (b) whether it appears to the authority that the circumstances of the carer to whom the child’s carer’s assessment
p.000053: relates have changed in a way that might affect the assessment.
p.000053: (8) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 62 Power to meet child’s carer’s needs for support
p.000053: (1) Where a local authority, having carried out a child’s carer’s assessment, is satisfied that the carer
p.000053: has needs for support, it may meet such of those needs as it considers appropriate.
p.000053: (2) Regulations may make provision in connection with the exercise of the power under subsection (1); the
p.000053: regulations may, in particular, provide for provisions of this Part to apply with such modifications as may be
p.000053: specified.
p.000053: (3) In deciding whether or how to exercise the power under subsection (1), a local authority must have regard to any
p.000053: services being provided to the carer under section 17 of the Children Act 1989.
p.000053: (4) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 63 Assessment of a young carer’s needs for support
p.000053: (1) Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18,
p.000053: the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the
p.000053: consent condition is met, assess—
p.000053: (a) whether the young carer has needs for support and, if so, what those needs are, and
p.000053: (b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those
p.000053: needs are likely to be.
p.000053:
p.000054: 54
p.000054: Care Act 2014 (c. 23)
p.000054: Part 1 — Care and support
p.000054:
p.000054: (2) An assessment under subsection (1) is referred to in this Part as a “young carer’s assessment”.
p.000054: (3) The consent condition is met if—
p.000054: (a) the young carer has capacity or is competent to consent to a young carer’s assessment being
p.000054: carried out and the young carer does so consent, or
p.000054: (b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that
...
p.000056: carer’s assessment, and there is some other assessment being or about to be carried out in relation to the person
p.000056: to whom the assessment relates or in relation to a relevant person, the local authority may carry out that other
p.000056: assessment—
p.000056: (a) on behalf of or jointly with the body responsible for carrying it out, or
p.000056: (b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body
p.000056: and the other person.
p.000056: (6) A reference to an assessment includes a reference to part of an assessment.
p.000056: (7) A person is a “relevant person”, in relation to a child’s needs, child’s carer’s or young carer’s assessment, if
p.000056: it would be reasonable to combine an assessment relating to that person with the child’s needs, child’s carer’s or
p.000056: young carer’s assessment (as mentioned in subsections (2) and (3)).
p.000056:
p.000056: 66 Continuity of services under other legislation
p.000056: (1) Before section 17A of the Children Act 1989 insert—
p.000056: “17ZH Section 17 services: transition for children to adult care and support
p.000056: (1) Subsections (2) to (4) apply where a local authority in England providing services for a child in
p.000056: need in the exercise of functions conferred by section 17—
p.000056:
p.000056: Care Act 2014 (c. 23)
p.000057: 57
p.000057: Part 1 — Care and support
p.000057:
p.000057: (a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child’s needs assessment
p.000057: or young carer’s assessment in relation to the child, or
p.000057: (b) are required by section 60(1) of that Act to carry out a child’s carer’s assessment in relation to a carer of
p.000057: the child.
p.000057: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000057: a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of
...
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
p.000058: (2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the
p.000058: person’s case, they must continue to comply with section 17 until they do reach a conclusion in his case.
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
...
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
...
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
p.000086: provision of that information by that provider does not also constitute an offence under section 64 of the Health and
p.000086: Social Care Act 2008 (failure to comply with request to provide information).
p.000086:
p.000086: 93 Penalties
p.000086: (1) A person who is guilty of an offence under section 92 is liable—
p.000086: (a) on summary conviction, to a fine;
...
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p.000007: (d) the Minister of the Crown exercising functions in relation to social security, employment and
p.000007: training, so far as those functions are exercisable in relation to England;
p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
p.000008: (10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act
p.000008: 2003.
p.000008:
p.000008: 7 Co-operating in specific cases
p.000008: (1) Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not
p.000008: one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for
p.000008: care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners,
p.000008: requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs
p.000008: for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply
p.000008: with the request unless it considers that doing so—
...
p.000069: (ii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by
p.000069: Schedule A1 to that Act), or
p.000069: (iii) regulations under”,
p.000069: (b) in paragraph (b), after “apart from” insert “those sections (as so applied) or”.
p.000069: (12) In the case of a person who, immediately before the commencement of subsections (3) and (4), is
p.000069: being provided with after-care services under section 117 of the Mental Health Act 1983, the amendments made by those
p.000069: subsections do not apply while those services are continuing to be provided to that person.
p.000069: (13) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services
p.000069: authority” substitute—
p.000069: ““local social services authority” means—
p.000069: (a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
p.000069:
p.000070: 70
p.000070: Care Act 2014 (c. 23)
p.000070: Part 1 — Care and support
p.000070:
p.000070: (b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales)
p.000070: Act 2014.”
p.000070:
p.000070: 76 Prisoners and persons in approved premises etc.
p.000070: (1) In its application to an adult who is detained in prison, this Part has effect as if references to being
p.000070: ordinarily resident in an area were references to being detained in prison in that area.
p.000070: (2) In its application to an adult who is residing in approved premises, this Part has effect as if references to
p.000070: being ordinarily resident in an area were references to being resident in approved premises in that area.
p.000070: (3) In its application to an adult who is residing in any other premises because a requirement to do so has been
p.000070: imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if
p.000070: references to being ordinarily resident in an area were references to being resident in premises in that area for
p.000070: that reason.
p.000070: (4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
p.000070: offence, is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
p.000070: (b) references to carers are to be ignored.
p.000070: (7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
...
Searching for indicator restricted:
(return to top)
p.000111: (1) Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre) is
p.000111: amended as follows.
p.000111: (2) In section 253(1) (general duties), after paragraph (c) (but before the “and” after it) insert—
p.000111: “(ca) the need to respect and promote the privacy of recipients of health services and of adult social
p.000111: care in England,”.
p.000111: (3) In section 261 (other dissemination of information), after subsection (1) insert— “(1A) But the Information
p.000111: Centre may do so only if it considers that
p.000111: disseminating the information would be for the purposes of—
p.000111: (a) the provision of health care or adult social care, or
p.000111: (b) the promotion of health.”
p.000111: (4) After section 262 insert—
p.000111: “262A Publication and other dissemination: supplementary
p.000111: In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre
p.000111: must have regard to any advice given to it by the committee appointed by the Health Research Authority under
p.000111: paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with
p.000111: information dissemination etc).”
p.000111:
p.000111: PART 5
p.000111: GENERAL
p.000111:
p.000111: 123 Power to make consequential provision
p.000111: (1) The Secretary of State may by order make provision in consequence of a provision of this Act.
p.000111: (2) An order under this section may amend, repeal, or revoke an enactment, or provide for an enactment to apply with
p.000111: specified modifications.
p.000111: (3) The power conferred by this section is not restricted by any other provision of this Act.
p.000111:
p.000112: 112
p.000112: Care Act 2014 (c. 23) Part 5 — General
p.000112:
p.000112: (4) A saving or a transitional or transitory provision in an order under this section by virtue of section
p.000112: 125(8) may, in particular, modify the application of a provision made by the order pending the commencement of—
p.000112: (a) another provision of the order,
p.000112: (b) a provision of this Act, or
p.000112: (c) any other enactment.
p.000112: (5) Before making an order under this section that contains provision which is within the legislative
p.000112: competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority.
p.000112: (6) A reference to an enactment includes a reference to an enactment passed or made after the passing of this Act.
p.000112:
p.000112: 124 Power to make transitional etc. provision
p.000112: (1) The Secretary of State may by order make transitional, transitory or saving provision in connection
p.000112: with the commencement of a provision of this Act.
p.000112: (2) An order under this section may modify the application of a provision of this Act pending the commencement of—
p.000112: (a) another provision of this Act, or
p.000112: (b) any other enactment (including one passed or made after the passing of this Act).
p.000112:
p.000112: 125 Regulations and orders
p.000112: (1) A power to make regulations under this Act is exercisable by the Secretary of State.
p.000112: (2) Regulations and orders under this Act must be made by statutory instrument.
p.000112: (3) Subject to subsections (4) and (6), a statutory instrument containing regulations or an order under this Act is
p.000112: subject to annulment in pursuance of a resolution of either House of Parliament.
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
p.000059: independent of the authority (an “independent advocate”) to be available to represent and support the individual for
p.000059: the purpose of facilitating the individual’s involvement; but see subsection (5).
p.000059: (3) The relevant provisions are—
p.000059: (a) section 9(5)(a) and (b) (carrying out needs assessment);
p.000059: (b) section 10(7)(a) (carrying out carer’s assessment);
p.000059: (c) section 25(3)(a) and (b) (preparing care and support plan);
p.000059: (d) section 25(4)(a) and (b) (preparing support plan);
p.000059: (e) section 27(2)(b)(i) and (ii) (revising care and support plan);
p.000059: (f) section 27(3)(b)(i) and (ii) (revising support plan);
p.000059: (g) section 59(2)(a) and (b) (carrying out child’s needs assessment);
p.000059: (h) section 61(3)(a) (carrying out child’s carer’s assessment);
p.000059: (i) section 64(3)(a) and (b) (carrying out young carer’s assessment).
p.000059:
p.000060: 60
p.000060: Care Act 2014 (c. 23)
p.000060: Part 1 — Care and support
p.000060:
p.000060: (4) The condition is that the local authority considers that, were an independent advocate not to be available,
p.000060: the individual would experience substantial difficulty in doing one or more of the following—
p.000060: (a) understanding relevant information;
p.000060: (b) retaining that information;
p.000060: (c) using or weighing that information as part of the process of being involved;
p.000060: (d) communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other
p.000060: means).
p.000060: (5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
p.000060: (a) who would be an appropriate person to represent and support the individual for the purpose of
p.000060: facilitating the individual’s involvement, and
p.000060: (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for
p.000060: remuneration.
p.000060: (6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person
p.000060: unless—
p.000060: (a) where the individual has capacity or is competent to consent to being represented and supported by that
p.000060: person, the individual does so consent, or
p.000060: (b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that
p.000060: being represented and supported by that person would be in the individual’s best interests.
p.000060: (7) Regulations may make provision in connection with the making of arrangements under subsection
p.000060: (2); the regulations may in particular—
p.000060: (a) specify requirements that must be met for a person to be independent for the purposes of subsection (2);
...
p.000061: (c) a record held by a person registered under Part 2 of the Care Standards Act 2000 or Chapter 2 of Part 1 of the
p.000061: Health and Social Care Act 2008, or
p.000061: (d) a record of such other description as may be specified in the regulations.
p.000061:
p.000061: 68 Safeguarding enquiries and reviews
p.000061: (1) This section applies where there is to be—
p.000061: (a) an enquiry under section 42(2),
p.000061: (b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section
p.000061: 44(4).
p.000061: (2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person
p.000061: who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to
p.000061: whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or
p.000061: review; but see subsections (4) and (6).
p.000061: (3) The condition is that the local authority considers that, were an independent advocate not to be available,
p.000061: the individual would experience substantial difficulty in doing one or more of the following—
p.000061: (a) understanding relevant information;
p.000061: (b) retaining that information;
p.000061: (c) using or weighing that information as part of the process of being involved;
p.000061: (d) communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other
p.000061: means).
p.000061: (4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
p.000061: (a) who would be an appropriate person to represent and support the adult for the purpose of facilitating
p.000061: the adult’s involvement, and
p.000061: (b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration.
p.000061: (5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person
p.000061: unless—
p.000061: (a) where the adult has capacity to consent to being represented and supported by that person, the adult
p.000061: does so consent, or
p.000061: (b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented
p.000061: and supported by that person would be in the adult’s best interests.
p.000061: (6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not
p.000061: yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the
p.000061: duty).
p.000061: (7) “Relevant local authority” means—
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.000006: (a) a person who provides services to meet adults’ needs for care and support, services to meet carers’
p.000006: needs for support or services, facilities or resources of the kind referred to in section 2(1);
p.000006: (b) a person who provides primary medical services, primary dental services, primary ophthalmic services,
p.000006: pharmaceutical services or local pharmaceutical services under the National Health Service Act 2006;
p.000006: (c) a person in whom a hospital in England is vested which is not a health service hospital as defined by that Act;
p.000006: (d) a private registered provider of social housing.
p.000006:
p.000006: Care Act 2014 (c. 23)
p.000007: 7
p.000007: Part 1 — Care and support
p.000007:
p.000007: (4) A local authority must make arrangements for ensuring co-operation between—
p.000007: (a) the officers of the authority who exercise the authority’s functions relating to adults with needs
p.000007: for care and support or its functions relating to carers,
p.000007: (b) the officers of the authority who exercise the authority’s functions relating to housing (in so
p.000007: far as the exercise of those functions is relevant to functions referred to in paragraph (a)),
p.000007: (c) the Director of Children’s Services at the authority (in so far as the exercise of functions by that
p.000007: officer is relevant to the functions referred to in paragraph (a)), and
p.000007: (d) the authority’s director of public health (see section 73A of the National Health Service Act 2006).
p.000007: (5) The references in subsections (1) and (4)(a) to a local authority’s functions include a reference
p.000007: to the authority’s functions under sections 58 to 65 (transition for children with needs etc.).
p.000007: (6) The duties under subsections (1) to (4) are to be performed for the following purposes in particular—
p.000007: (a) promoting the well-being of adults with needs for care and support and of carers in the authority’s area,
p.000007: (b) improving the quality of care and support for adults and support for carers provided in the authority’s area
p.000007: (including the outcomes that are achieved from such provision),
p.000007: (c) smoothing the transition to the system provided for by this Part for persons in relation to whom
p.000007: functions under sections 58 to 65 are exercisable,
p.000007: (d) protecting adults with needs for care and support who are experiencing, or are at risk of,
p.000007: abuse or neglect, and
p.000007: (e) identifying lessons to be learned from cases where adults with needs for care and support have experienced
p.000007: serious abuse or neglect and applying those lessons to future cases.
p.000007: (7) Each of the following is a relevant partner of a local authority—
p.000007: (a) where the authority is a county council for an area for which there are district councils, each district
p.000007: council;
p.000007: (b) any local authority, or district council for an area in England for which there is a county council, with which
p.000007: the authority agrees it would be appropriate to co-operate under this section;
p.000007: (c) each NHS body in the authority’s area;
p.000007: (d) the Minister of the Crown exercising functions in relation to social security, employment and
p.000007: training, so far as those functions are exercisable in relation to England;
p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
...
p.000011: (6) Where, having refused a carer’s assessment, a carer requests the assessment, section 10(1) applies in the
p.000011: carer’s case (and subsection (5) above does not).
p.000011: (7) Where a carer has refused a carer’s assessment and the local authority concerned thinks that the
p.000011: needs or circumstances of the carer or the adult needing care have changed, section 10(1) applies in the
p.000011: carer’s case (but subject to further refusal as mentioned in subsection (5) above).
p.000011:
p.000011: 12 Assessments under sections 9 and 10: further provision
p.000011: (1) Regulations must make further provision about carrying out a needs or carer’s assessment; the regulations may,
p.000011: in particular—
p.000011: (a) require the local authority, in carrying out the assessment, to have regard to the needs of the family
p.000011: of the adult to whom the assessment relates;
p.000011: (b) specify other matters to which the local authority must have regard in carrying out the assessment
p.000011: (including, in particular, the matters to which it must have regard in seeking to ensure that the assessment is
p.000011: carried out in an appropriate and proportionate manner);
p.000011: (c) specify steps that the local authority must take for the purpose of ensuring that the assessment
p.000011: is carried out in an appropriate and proportionate manner;
p.000011: (d) specify circumstances in which the assessment may or must be carried out by a person (whether or not an officer
p.000011: of the authority) who has expertise in a specified matter or is of such other description as is specified,
p.000011: jointly with or on behalf of the local authority;
p.000011: (e) specify circumstances in which the adult to whom the assessment relates may carry out the assessment
p.000011: jointly with the local authority;
p.000011: (f) specify circumstances in which the local authority must, before carrying out the assessment or
p.000011: when doing so, consult a person who
p.000011:
p.000012: 12
p.000012: Care Act 2014 (c. 23)
p.000012: Part 1 — Care and support
p.000012:
p.000012: has expertise in a specified matter or is of such other description as is specified;
p.000012: (g) specify circumstances in which the local authority must refer the adult concerned for an assessment of
p.000012: eligibility for NHS continuing healthcare.
p.000012: (2) The regulations may include provision for facilitating the carrying out of a needs or carer’s
p.000012: assessment in circumstances specified under subsection (1)(d) or (e); they may, for example, give the local authority
p.000012: power to provide the person carrying out the assessment—
p.000012: (a) in the case of a needs assessment, with information about the adult to whom the assessment relates;
p.000012: (b) in the case of a carer’s assessment, with information about the carer to whom the assessment relates and about
p.000012: the adult needing care;
...
p.000040: (3) For the purpose of performing that duty, the local authority—
p.000040: (a) may at all reasonable times and on reasonable notice enter any premises which the adult was
p.000040: living in immediately before being provided with accommodation or admitted to hospital, and
p.000040: (b) may deal with any of the adult’s movable property in any way which is reasonably necessary for preventing or
p.000040: mitigating loss or damage.
p.000040: (4) A local authority may not exercise the power under subsection (3)(a) unless—
p.000040: (a) it has obtained the consent of the adult concerned or, where the adult lacks capacity to give consent, the
p.000040: consent of a person authorised under the Mental Capacity Act 2005 to give it on the adult’s behalf, or
p.000040: (b) where the adult lacks capacity to give consent and there is no person so authorised, the local authority is
p.000040: satisfied that exercising the power would be in the adult’s best interests.
p.000040: (5) Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it
p.000040: authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.
p.000040:
p.000040: Care Act 2014 (c. 23)
p.000041: 41
p.000041: Part 1 — Care and support
p.000041:
p.000041: (6) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—
p.000041: (a) commits an offence, and
p.000041: (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
p.000041: (7) A local authority may recover from an adult whatever reasonable expenses the authority incurs under this section
p.000041: in the adult’s case.
p.000041:
p.000041: Provider failure
p.000041:
p.000041: 48 Temporary duty on local authority
p.000041: (1) This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008
p.000041: (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part)
p.000041: becomes unable to carry on that activity because of business failure.
p.000041: (2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do
p.000041: so) meet those of an adult’s needs for care and support and those of a carer’s needs for support which were,
p.000041: immediately before the registered care provider became unable to carry on the regulated activity, being met by the
p.000041: carrying on of that activity in the authority’s area by the provider.
...
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
...
p.000072: given to it by this Part or by regulations under this Part.
p.000072: (2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons
p.000072: as the Secretary of State considers appropriate.
p.000072: (3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion
p.000072: of individual well-being)—
p.000072: (a) in issuing guidance for the purposes of subsection (1);
p.000072: (b) in making regulations under this Part.
p.000072:
p.000072: 79 Delegation of local authority functions
p.000072: (1) A local authority may authorise a person to exercise on its behalf a function it has under—
p.000072: (a) this Part or regulations under this Part (but see subsection (2)), or
p.000072: (b) section 117 of the Mental Health Act 1983 (after-care services).
p.000072: (2) The references in subsection (1)(a) to this Part do not include a reference to—
p.000072: (a) section 3 (promoting integration with health services etc.),
p.000072: (b) sections 6 and 7 (co-operating),
p.000072: (c) section 14 (charges),
p.000072: (d) sections 42 to 47 (safeguarding adults at risk of abuse or neglect), or
p.000072: (e) this section.
p.000072: (3) An authorisation under this section may authorise an employee of the authorised person to exercise the
p.000072: function to which the authorisation relates; and for that purpose, where the authorised person is a body
p.000072: corporate, “employee” includes a director or officer of the body.
p.000072: (4) An authorisation under this section may authorise the exercise of the function to which it relates—
p.000072: (a) either wholly or to the extent specified in the authorisation;
p.000072: (b) either generally or in cases, circumstances or areas so specified;
p.000072: (c) either unconditionally or subject to conditions so specified.
p.000072: (5) An authorisation under this section—
p.000072: (a) is for the period specified in the authorisation;
p.000072: (b) may be revoked by the local authority;
p.000072: (c) does not prevent the local authority from exercising the function to which the authorisation relates.
p.000072:
p.000072: Care Act 2014 (c. 23)
p.000073: 73
p.000073: Part 1 — Care and support
p.000073:
p.000073: (6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in
p.000073: connection with, the exercise or purported exercise of the function to which the authorisation relates is to
p.000073: be treated for all purposes as done or omitted to be done by or in relation to the local authority.
p.000073: (7) But subsection (6) does not apply—
p.000073: (a) for the purposes of the terms of any contract between the authorised person and the local authority which relate
p.000073: to the function, or
p.000073: (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done
p.000073: by the authorised person.
p.000073: (8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between
...
p.000086: court considers appropriate having regard to any representations made, and any evidence adduced, in relation
p.000086: to that matter by the prosecution or on behalf of the care provider.
p.000086: (6) A remedial order must specify a period within which the steps referred to in subsection (3) are to be taken.
p.000086: (7) A publicity order must specify a period within which the requirements referred to in subsection (4)
p.000086: are to be complied with.
p.000086:
p.000086: Care Act 2014 (c. 23)
p.000087: 87
p.000087: Part 2 — Care standards
p.000087:
p.000087: (8) A care provider that fails to comply with a remedial order or a publicity order commits an offence and is liable
p.000087: on conviction on indictment to a fine.
p.000087:
p.000087: 94 Offences by bodies
p.000087: (1) Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved
p.000087: that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
p.000087: (a) a director, manager or secretary of the body, or
p.000087: (b) a person purporting to act in such a capacity.
p.000087: (2) The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the
p.000087: offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
p.000087: (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
p.000087: (a) to any other similar officer of the body, and
p.000087: (b) where the body is a local authority, to a member of the authority.
p.000087: (4) Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated
p.000087: association are to be brought in the name of the association (and not in that of any of the members); and
p.000087: rules of court relating to the service of documents have effect as if the unincorporated association were a body
p.000087: corporate.
p.000087: (5) In proceedings for an offence under section 92(1) brought against an unincorporated
p.000087: association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980
p.000087: apply as they apply in relation to a body corporate.
p.000087: (6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1)
p.000087: is to be paid out of the funds of the association.
p.000087: (7) Subsection (8) applies if an offence under section 92(1) is proved—
p.000087: (a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of
p.000087: its governing body, or
p.000087: (b) to be attributable to neglect on the part of such an officer or member.
p.000087: (8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against
p.000087: accordingly (but section 93(2) does not apply).
p.000087:
p.000087: Regulated activities
p.000087:
p.000087: 95 Training for persons working in regulated activity
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
p.000088: HEALTH EDUCATION ENGLAND
p.000088:
p.000088: Establishment
p.000088:
p.000088: 96 Health Education England
p.000088: (1) There is to be a body corporate called Health Education England (referred to in this Act as “HEE”).
p.000088: (2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of its functions and its financial
p.000088: and reporting duties) has effect.
p.000088: (3) The Special Health Authority called Health Education England is abolished; and, in consequence of that, the
p.000088: following are revoked—
p.000088: (a) the Health Education England (Establishment and Constitution) Order 2012 (S.I. 2012/1273), and
...
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
p.000098: relating to health or social care research, with a view to co-ordinating and standardising practice relating
p.000098: to the regulation of such research—
p.000098: (a) the Secretary of State;
p.000098: (b) the licensing authority for the purposes of the Medicines Act 1968;
p.000098: (c) the Health and Social Care Information Centre;
p.000098: (d) the Chief Medical Officer of the Department of Health;
p.000098: (e) the Human Fertilisation and Embryology Authority;
p.000098: (f) the Human Tissue Authority;
p.000098: (g) the Care Quality Commission;
p.000098: (h) the Administration of Radioactive Substances Advisory Committee;
p.000098: (i) such person, or a person of such description, as regulations may specify.
p.000098: (2) In performing the duty under subsection (1), a person must have regard to the need—
p.000098:
p.000098: Care Act 2014 (c. 23)
p.000099: 99
p.000099: Part 3 — Health
p.000099: Chapter 2 — Health Research Authority
p.000099:
p.000099: (a) to protect participants and potential participants in health or social care research and the general public by
p.000099: encouraging research that is safe and ethical, and
p.000099: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000099: the conduct of such research.
p.000099: (3) The HRA must promote the co-ordination and standardisation of practice in the United Kingdom relating to
p.000099: the regulation of health and social care research; and it must, in doing so, seek to ensure that such
p.000099: regulation is proportionate.
p.000099: (4) The HRA and each devolved authority must co-operate with each other in the exercise of their respective
p.000099: functions relating to the regulation of assessments of the ethics of health and social care research, with a view to
...
p.000125: (c) sub-paragraphs (2), (4) and (7) are to be ignored; and
p.000125: (d) in sub-paragraph (10), the references to sub-paragraph (4) and paragraph (b) of sub-paragraph (4) are to
p.000125: be ignored.
p.000125: (4) In paragraph 9, the reference to sections 50 and 52 of the Social Services and Well-being (Wales) Act 2014 is to
p.000125: be read as a reference to section 57 of the Health and Social Care Act 2001.
p.000125: (5) In paragraph 12, sub-paragraph (3) is to be read as if the following were substituted for it—
p.000125: “(3) “Accommodation in Wales” means residential accommodation in Wales of a type that may be provided under Part 3 of
p.000125: the National Assistance Act 1948 but not of a type specified in regulations under this paragraph.”
p.000125: (6) In that paragraph, sub-paragraph (7) is to be read as if the following were substituted for it—
p.000125: “(7) “Local authority in Wales” means a local authority in Wales for the purposes of Part 3 of the National Assistance
p.000125: Act 1948.”
p.000125: (7) This paragraph does not affect the generality of section 124(2).
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125: Membership, etc.
p.000125: SCHEDULE 2 Section 43
p.000125: SAFEGUARDING ADULTS BOARDS
p.000125:
p.000125: 1 (1) The members of an SAB are—
p.000125: (a) the local authority which established it,
p.000125: (b) a clinical commissioning group the whole or part of whose area is in the local authority’s area,
p.000125: (c) the chief officer of police for a police area the whole or part of which is in the local authority’s area, and
p.000125:
p.000126: 126
p.000126: Care Act 2014 (c. 23)
p.000126: Schedule 2 — Safeguarding Adults Boards
p.000126:
p.000126: (d) such persons, or persons of such description, as may be specified in regulations.
p.000126: (2) The membership of an SAB may also include such other persons as the local authority which established it, having
p.000126: consulted the other members listed in sub-paragraph (1), considers appropriate.
p.000126: (3) A local authority, having consulted the other members of its SAB, must appoint as the chair a
p.000126: person whom the authority considers to have the required skills and experience.
p.000126: (4) Each member of an SAB must appoint a person to represent it on the SAB; and the representative must be a
p.000126: person whom the member considers to have the required skills and experience.
p.000126: (5) Where more than one clinical commissioning group or more than one chief officer of police comes within
p.000126: sub-paragraph (1), a person may represent more than one of the clinical commissioning groups or chief
p.000126: officers of police.
p.000126: (6) The members of an SAB (other than the local authority which established it) must, in acting as such, have regard
p.000126: to such guidance as the Secretary of State may issue.
p.000126: (7) Guidance for the local authority on acting as a member of the SAB is to be included in the guidance issued for the
p.000126: purposes of section 78(1).
p.000126: (8) An SAB may regulate its own procedure.
p.000126:
p.000126: Funding and other resources
p.000126: 2 (1) A member of an SAB listed in paragraph 1(1) may make payments towards expenditure incurred by, or for
p.000126: purposes connected with, the SAB—
p.000126: (a) by making the payments directly, or
p.000126: (b) by contributing to a fund out of which the payments may be made.
p.000126: (2) A member of an SAB listed in paragraph 1(1) may provide staff, goods, services, accommodation or other
p.000126: resources for purposes connected with the SAB.
p.000126: Strategic plan
p.000126: 3 (1) An SAB must publish for each financial year a plan (its “strategic plan”) which sets out—
p.000126: (a) its strategy for achieving its objective (see section 43), and
p.000126: (b) what each member is to do to implement that strategy.
p.000126: (2) In preparing its strategic plan, the SAB must—
p.000126: (a) consult the Local Healthwatch organisation for its area, and
...
p.000142: (c) (as the case may be).
p.000142: (3) The Secretary of State may not give a direction under sub-paragraph (1)(a) or (b) unless the direction is
p.000142: for the purpose of complying with a limit imposed by the Treasury.
p.000142: Losses and liabilities etc
p.000142: 24 (1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of
p.000142: certain authorities from personal liability) has effect as if there were included in the authorities referred
p.000142: to in that section a reference to HEE.
p.000142: (2) In its application to HEE as a result of sub-paragraph (1), section 265 of that Act has effect as if any reference
p.000142: in that section to that Act were a reference to this Act.
p.000142: (3) In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of
p.000142: certain health service bodies: bodies eligible to participate), after paragraph (db) insert—
p.000142: “(dc) Health Education England,”.
p.000142:
p.000142: Accounts
p.000142: 25 (1) HEE must keep—
p.000142: (a) proper accounts, and
p.000142: (b) proper records relating to the accounts.
p.000142: (2) The Secretary of State may, with the approval of the Treasury, give directions to HEE about—
p.000142: (a) the content and form of its accounts, and
p.000142: (b) the methods and principles to be applied in the preparation of its accounts.
p.000142: (3) The reference in sub-paragraph (2) to accounts includes a reference to—
p.000142: (a) the accounts prepared under paragraph 26, and
p.000142: (b) such accounts as are prepared under paragraph 27.
p.000142: (4) The chief executive of HEE is to be its accounting officer.
p.000142:
p.000142: Care Act 2014 (c. 23)
p.000142: Schedule 5 — Health Education England Part 3 — Finance and reports
p.000142:
p.000142: Annual accounts
p.000143: 143
p.000143:
p.000143: 26 (1) HEE must prepare consolidated annual accounts for each financial year.
p.000143: (2) The consolidated annual accounts must include—
p.000143: (a) the annual accounts of each LETB,
p.000143: (b) the annual accounts of each other committee of HEE, and
p.000143: (c) the annual accounts relating to the rest of HEE’s activities.
p.000143: (3) HEE must send copies of the consolidated annual accounts to—
p.000143: (a) the Secretary of State, and
p.000143: (b) the Comptroller and Auditor General,
p.000143: within such period after the end of the financial year to which the accounts relate as the Secretary of State directs.
p.000143: (4) The Comptroller and Auditor General must—
p.000143: (a) examine, certify and report on the consolidated annual accounts, and
p.000143: (b) lay copies of them and the report on them before Parliament.
p.000143: Interim accounts
p.000143: 27 (1) The Secretary of State may, with the approval of the Treasury, direct HEE to prepare accounts in respect of
p.000143: such period or periods as are specified in the direction (“interim accounts”).
p.000143: (2) The interim accounts in respect of any period must include—
p.000143: (a) the accounts of each LETB in respect of that period, and
p.000143: (b) the accounts of each other committee of HEE in respect of that period.
p.000143: (3) HEE must send copies of any interim accounts to—
p.000143: (a) the Secretary of State, and
p.000143: (b) if the Secretary of State directs, the Comptroller and Auditor General,
p.000143: within such period as the Secretary of State may direct.
...
Searching for indicator police:
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p.000007: (c) smoothing the transition to the system provided for by this Part for persons in relation to whom
p.000007: functions under sections 58 to 65 are exercisable,
p.000007: (d) protecting adults with needs for care and support who are experiencing, or are at risk of,
p.000007: abuse or neglect, and
p.000007: (e) identifying lessons to be learned from cases where adults with needs for care and support have experienced
p.000007: serious abuse or neglect and applying those lessons to future cases.
p.000007: (7) Each of the following is a relevant partner of a local authority—
p.000007: (a) where the authority is a county council for an area for which there are district councils, each district
p.000007: council;
p.000007: (b) any local authority, or district council for an area in England for which there is a county council, with which
p.000007: the authority agrees it would be appropriate to co-operate under this section;
p.000007: (c) each NHS body in the authority’s area;
p.000007: (d) the Minister of the Crown exercising functions in relation to social security, employment and
p.000007: training, so far as those functions are exercisable in relation to England;
p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
p.000008: (10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act
p.000008: 2003.
p.000008:
p.000008: 7 Co-operating in specific cases
...
p.000125: (d) in sub-paragraph (10), the references to sub-paragraph (4) and paragraph (b) of sub-paragraph (4) are to
p.000125: be ignored.
p.000125: (4) In paragraph 9, the reference to sections 50 and 52 of the Social Services and Well-being (Wales) Act 2014 is to
p.000125: be read as a reference to section 57 of the Health and Social Care Act 2001.
p.000125: (5) In paragraph 12, sub-paragraph (3) is to be read as if the following were substituted for it—
p.000125: “(3) “Accommodation in Wales” means residential accommodation in Wales of a type that may be provided under Part 3 of
p.000125: the National Assistance Act 1948 but not of a type specified in regulations under this paragraph.”
p.000125: (6) In that paragraph, sub-paragraph (7) is to be read as if the following were substituted for it—
p.000125: “(7) “Local authority in Wales” means a local authority in Wales for the purposes of Part 3 of the National Assistance
p.000125: Act 1948.”
p.000125: (7) This paragraph does not affect the generality of section 124(2).
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125: Membership, etc.
p.000125: SCHEDULE 2 Section 43
p.000125: SAFEGUARDING ADULTS BOARDS
p.000125:
p.000125: 1 (1) The members of an SAB are—
p.000125: (a) the local authority which established it,
p.000125: (b) a clinical commissioning group the whole or part of whose area is in the local authority’s area,
p.000125: (c) the chief officer of police for a police area the whole or part of which is in the local authority’s area, and
p.000125:
p.000126: 126
p.000126: Care Act 2014 (c. 23)
p.000126: Schedule 2 — Safeguarding Adults Boards
p.000126:
p.000126: (d) such persons, or persons of such description, as may be specified in regulations.
p.000126: (2) The membership of an SAB may also include such other persons as the local authority which established it, having
p.000126: consulted the other members listed in sub-paragraph (1), considers appropriate.
p.000126: (3) A local authority, having consulted the other members of its SAB, must appoint as the chair a
p.000126: person whom the authority considers to have the required skills and experience.
p.000126: (4) Each member of an SAB must appoint a person to represent it on the SAB; and the representative must be a
p.000126: person whom the member considers to have the required skills and experience.
p.000126: (5) Where more than one clinical commissioning group or more than one chief officer of police comes within
p.000126: sub-paragraph (1), a person may represent more than one of the clinical commissioning groups or chief
p.000126: officers of police.
p.000126: (6) The members of an SAB (other than the local authority which established it) must, in acting as such, have regard
p.000126: to such guidance as the Secretary of State may issue.
p.000126: (7) Guidance for the local authority on acting as a member of the SAB is to be included in the guidance issued for the
p.000126: purposes of section 78(1).
p.000126: (8) An SAB may regulate its own procedure.
p.000126:
p.000126: Funding and other resources
p.000126: 2 (1) A member of an SAB listed in paragraph 1(1) may make payments towards expenditure incurred by, or for
p.000126: purposes connected with, the SAB—
p.000126: (a) by making the payments directly, or
p.000126: (b) by contributing to a fund out of which the payments may be made.
p.000126: (2) A member of an SAB listed in paragraph 1(1) may provide staff, goods, services, accommodation or other
p.000126: resources for purposes connected with the SAB.
p.000126: Strategic plan
p.000126: 3 (1) An SAB must publish for each financial year a plan (its “strategic plan”) which sets out—
p.000126: (a) its strategy for achieving its objective (see section 43), and
p.000126: (b) what each member is to do to implement that strategy.
p.000126: (2) In preparing its strategic plan, the SAB must—
p.000126: (a) consult the Local Healthwatch organisation for its area, and
p.000126: (b) involve the community in its area.
p.000126: (3) In this paragraph and paragraph 4, “financial year”, in relation to an SAB, includes the period—
p.000126: (a) beginning with the day on which the SAB is established, and
p.000126: (b) ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the
p.000126: 31 March following that date.
p.000126:
...
p.000126: Schedule 2 — Safeguarding Adults Boards
p.000126:
p.000126: Annual report
p.000127: 127
p.000127:
p.000127: 4 (1) As soon as is feasible after the end of each financial year, an SAB must publish a report on—
p.000127: (a) what it has done during that year to achieve its objective,
p.000127: (b) what it has done during that year to implement its strategy,
p.000127: (c) what each member has done during that year to implement the strategy,
p.000127: (d) the findings of the reviews arranged by it under section 44 (safeguarding adults reviews)
p.000127: which have concluded in that year (whether or not they began in that year),
p.000127: (e) the reviews arranged by it under that section which are ongoing at the end of that year (whether or not they
p.000127: began in that year),
p.000127: (f) what it has done during that year to implement the findings of reviews arranged by it under that
p.000127: section, and
p.000127: (g) where it decides during that year not to implement a finding of a review arranged by it under that section, the
p.000127: reasons for its decision.
p.000127: (2) The SAB must send a copy of the report to—
p.000127: (a) the chief executive and the leader of the local authority which established the SAB,
p.000127: (b) the local policing body the whole or part of whose area is in the local authority’s area,
p.000127: (c) the Local Healthwatch organisation for the local authority’s area, and
p.000127: (d) the chair of the Health and Wellbeing Board for that area.
p.000127: (3) “Local policing body” has the meaning given by section 101 of the Police Act 1996.
p.000127:
p.000127:
p.000127: SCHEDULE 3 Section 74
p.000127: DISCHARGE OF HOSPITAL PATIENTS WITH CARE AND SUPPORT NEEDS
p.000127: Cases where hospital patient is likely to have care and support needs after discharge
p.000127: 1 (1) Where the NHS body responsible for a hospital patient considers that it is not likely to be safe to
p.000127: discharge the patient unless arrangements for meeting the patient’s needs for care and support are in place, the body
p.000127: must give notice to—
p.000127: (a) the local authority in whose area the patient is ordinarily resident, or
p.000127: (b) if it appears to the body that the patient is of no settled residence, the local authority in whose area the
p.000127: hospital is situated.
p.000127: (2) A notice under sub-paragraph (1) is referred to in this Schedule as an “assessment notice”; and the
p.000127: local authority to which an assessment notice is given is referred to in this Schedule as “the relevant authority”.
p.000127: (3) An assessment notice—
p.000127: (a) must describe itself as such, and
p.000127: (b) may not be given more than seven days before the day on which the patient is expected to be admitted to
p.000127: hospital.
p.000127:
p.000128: 128
p.000128: Care Act 2014 (c. 23)
p.000128: Schedule 3 — Discharge of hospital patients with care and support needs
p.000128:
p.000128: (4) Before giving an assessment notice, the NHS body responsible for the patient must consult—
p.000128: (a) the patient, and
p.000128: (b) where it is feasible to do so, any carer that the patient has.
...
Social / Property Ownership
Searching for indicator home:
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p.000002: 29 Care account
p.000002: 30 Cases where adult expresses preference for particular accommodation
p.000002:
p.000002: Direct payments
p.000002: 31 Adults with capacity to request direct payments
p.000002: 32 Adults without capacity to request direct payments
p.000002: 33 Direct payments: further provision
p.000002:
p.000002: Deferred payment agreements, etc.
p.000002: 34 Deferred payment agreements and loans
p.000002: 35 Deferred payment agreements and loans: further provision
p.000002: 36 Alternative financial arrangements
p.000002:
p.000002: Continuity of care and support when adult moves
p.000002: 37 Notification, assessment, etc.
p.000002: 38 Case where assessments not complete on day of move
p.000002:
p.000002: Establishing where a person lives, etc.
p.000002: 39 Where a person’s ordinary residence is
p.000002: 40 Disputes about ordinary residence or continuity of care
p.000002: 41 Financial adjustments between local authorities
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
...
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners,
p.000008: requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs
p.000008: for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (3) A person who decides not to comply with a request under subsection (1) or (2) must give the person who made the
p.000008: request written reasons for the decision.
p.000008: (4) “Relevant partner”, in relation to a local authority, has the same meaning as in section 6.
p.000008: (5) “Carer of a child” means a person who is a carer for the purposes of section 60.
p.000008:
p.000008: Meeting needs for care etc.
p.000008:
p.000008: 8 How to meet needs
p.000008: (1) The following are examples of what may be provided to meet needs under sections 18 to 20—
p.000008: (a) accommodation in a care home or in premises of some other type;
p.000008: (b) care and support at home or in the community;
p.000008: (c) counselling and other types of social work;
p.000008: (d) goods and facilities;
p.000008: (e) information, advice and advocacy.
p.000008: (2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20—
p.000008: (a) by arranging for a person other than it to provide a service;
p.000008:
p.000008: Care Act 2014 (c. 23)
p.000009: 9
p.000009: Part 1 — Care and support
p.000009:
p.000009: (b) by itself providing a service;
p.000009: (c) by making direct payments.
p.000009: (3) “Care home” has the meaning given by section 3 of the Care Standards Act 2000.
p.000009:
p.000009: Assessing needs
p.000009:
p.000009: 9 Assessment of an adult’s needs for care and support
p.000009: (1) Where it appears to a local authority that an adult may have needs for care and support, the authority must
p.000009: assess—
p.000009: (a) whether the adult does have needs for care and support, and
p.000009: (b) if the adult does, what those needs are.
p.000009: (2) An assessment under subsection (1) is referred to in this Part as a “needs assessment”.
p.000009: (3) The duty to carry out a needs assessment applies regardless of the authority’s view of—
p.000009: (a) the level of the adult’s needs for care and support, or
p.000009: (b) the level of the adult’s financial resources.
p.000009: (4) A needs assessment must include an assessment of—
p.000009: (a) the impact of the adult’s needs for care and support on the matters specified in section 1(2),
p.000009: (b) the outcomes that the adult wishes to achieve in day-to-day life, and
p.000009: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000009: those outcomes.
p.000009: (5) A local authority, in carrying out a needs assessment, must involve—
p.000009: (a) the adult,
p.000009: (b) any carer that the adult has, and
p.000009: (c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority
...
p.000033: first authority”) is nonetheless keeping a care account in the adult’s case,
p.000033: (b) the adult notifies another local authority (“the second authority”) (or that authority is notified on the
p.000033: adult’s behalf) that the adult intends to move to the area of the second authority, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (3) This section also applies where—
p.000033: (a) an adult’s needs for care and support are being met by a local authority (“the first authority”) under
p.000033: section 18 or 19 by the first authority arranging for the provision of accommodation in the area of another
p.000033: local authority (“the second authority”),
p.000033: (b) the adult notifies the second authority (or that authority is notified on the adult’s behalf) that the
p.000033: adult intends to move out of that accommodation but to remain, and be provided with care and support at
p.000033: home or in the community, in its area, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (4) The second authority must—
p.000033: (a) provide the adult and, if the adult has or is proposing to have a carer, the carer with such information as it
p.000033: considers appropriate (in so far as it would not do so under section 4), and
p.000033: (b) notify the first authority that it is satisfied as mentioned in subsection (1)(c), (2)(c) or (3)(c).
p.000033: (5) The first authority, having received the notification under subsection (4)(b), must provide the second
p.000033: authority with—
p.000033: (a) a copy of any care and support plan prepared for the adult,
p.000033: (b) a copy of any independent personal budget prepared for the adult,
p.000033: (c) in a case within subsection (2), a copy of the most recent needs assessment in the adult’s case,
p.000033: (d) if the first authority has been keeping a care account in the adult’s case, a copy of that account,
p.000033: (e) if the adult has a carer and that carer is to continue as the adult’s carer after the move, a copy of any
p.000033: support plan prepared for the carer, and
p.000033: (f) such other information relating to the adult and, if the adult has a carer (whether or not one with needs for
p.000033: support), such other information relating to the carer as the second authority may request.
...
p.000039: person to whom the request is made must comply with the request if—
p.000039: (a) conditions 1 and 2 are met, and
p.000039: (b) condition 3 or 4 is met.
p.000039: (2) Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its
p.000039: functions.
p.000039: (3) Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be
p.000039: such that the person is likely to have information relevant to the exercise of a function by the SAB.
p.000039: (4) Condition 3 is that the information relates to—
p.000039: (a) the person to whom the request is made,
p.000039:
p.000040: 40
p.000040: Care Act 2014 (c. 23)
p.000040: Part 1 — Care and support
p.000040:
p.000040: (b) a function or activity of that person, or
p.000040: (c) a person in respect of whom that person exercises a function or engages in an activity.
p.000040: (5) Condition 4 is that the information—
p.000040: (a) is information requested by the SAB from a person to whom information was supplied in
p.000040: compliance with another request under this section, and
p.000040: (b) is the same as, or is derived from, information so supplied.
p.000040: (6) Information may be used by the SAB, or other person to whom it is supplied under subsection (1), only for the
p.000040: purpose of enabling or assisting the SAB to exercise its functions.
p.000040:
p.000040: 46 Abolition of local authority’s power to remove persons in need of care
p.000040: Section 47 of the National Assistance Act 1948 (which gives a local authority power to remove a person in need
p.000040: of care from home) ceases to apply to persons in England.
p.000040:
p.000040: 47 Protecting property of adults being cared for away from home
p.000040: (1) This section applies where—
p.000040: (a) an adult is having needs for care and support met under section 18 or
p.000040: 19 in a way that involves the provision of accommodation, or is admitted to hospital (or both), and
p.000040: (b) it appears to a local authority that there is a danger of loss or damage to movable property of the adult’s in
p.000040: the authority’s area because—
p.000040: (i) the adult is unable (whether permanently or temporarily) to protect or deal with the property, and
p.000040: (ii) no suitable arrangements have been or are being made.
p.000040: (2) The local authority must take reasonable steps to prevent or mitigate the loss or damage.
p.000040: (3) For the purpose of performing that duty, the local authority—
p.000040: (a) may at all reasonable times and on reasonable notice enter any premises which the adult was
p.000040: living in immediately before being provided with accommodation or admitted to hospital, and
p.000040: (b) may deal with any of the adult’s movable property in any way which is reasonably necessary for preventing or
p.000040: mitigating loss or damage.
p.000040: (4) A local authority may not exercise the power under subsection (3)(a) unless—
...
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
p.000071: training centre and to the manager of a secure children’s home, and
p.000071: (c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a
p.000071: prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
...
p.000130: (c) a health service hospital as defined by section 108 of the National Health Service (Scotland) Act 1978, or
p.000130: (d) a hospital vested in the Department of Health, Social Services and Public Safety in Northern Ireland or managed
p.000130: by a Health and Social Care trust.
p.000130: (4) “NHS body” means—
p.000130: (a) an NHS trust established under section 25 of the National Health Service Act 2006,
p.000130: (b) an NHS foundation trust,
p.000130: (c) the National Health Service Commissioning Board, or
p.000130: (d) a clinical commissioning group.
p.000130: (5) A reference to the NHS body responsible for a hospital patient is—
p.000130:
p.000130: Care Act 2014 (c. 23)
p.000130: Schedule 3 — Discharge of hospital patients with care and support needs
p.000131: 131
p.000131:
p.000131: (a) if the hospital is an NHS hospital, a reference to the NHS body managing it, or
p.000131: (b) if the hospital is an independent hospital, a reference to the NHS body that arranged for the patient
p.000131: to be accommodated in it.
p.000131: (6) “Acute care” means intensive medical treatment provided by or under the supervision of a consultant, that lasts
p.000131: for a limited period after which the person receiving the treatment no longer benefits from it.
p.000131: (7) Care is not “acute care” if the patient has given an undertaking (or one has been given on the patient’s behalf)
p.000131: to pay for it; nor is any of the following “acute care”—
p.000131: (a) care of an expectant or nursing mother;
p.000131: (b) mental health care;
p.000131: (c) palliative care;
p.000131: (d) a structured programme of care provided for a limited period to help a person maintain or regain the ability to
p.000131: live at home;
p.000131: (e) care provided for recuperation or rehabilitation.
p.000131: (8) “Mental health care” means psychiatric services, or other services provided for the purpose of preventing,
p.000131: diagnosing or treating illness, the arrangements for which are the primary responsibility of a
p.000131: consultant psychiatrist.
p.000131: Further provision about assessment notices, discharge notices, etc.
p.000131: 8 Regulations may—
p.000131: (a) specify the form and content of an assessment notice, a discharge notice or a withdrawal notice;
p.000131: (b) specify the manner in which an assessment notice, a discharge notice or a withdrawal notice may be given;
p.000131: (c) specify when a discharge notice may be given;
p.000131: (d) specify circumstances in which a withdrawal notice must be given;
p.000131: (e) make provision for determining the day on which an assessment notice, a discharge notice or a
p.000131: withdrawal notice is to be regarded as given.
p.000131:
p.000131:
p.000131: SCHEDULE 4 Section 75
p.000131: PART 1
p.000131: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983: DIRECT PAYMENTS
p.000131: 1 (1) Sections 31 (adults with capacity to request direct payments), 32 (adults without capacity to
p.000131: request direct payments) and 33 (direct payments: further provision) apply in relation to section 117 of the
p.000131: Mental Health Act 1983 but as if the following modifications were made to those sections.
p.000131: (2) For subsection (1) of section 31, substitute—
p.000131: “(1) This section applies where an adult to whom section 117 of the Mental Health Act 1983
...
Searching for indicator property:
(return to top)
p.000002: 26 Personal budget
p.000002: 27 Review of care and support plan or of support plan
p.000002: 28 Independent personal budget
p.000002: 29 Care account
p.000002: 30 Cases where adult expresses preference for particular accommodation
p.000002:
p.000002: Direct payments
p.000002: 31 Adults with capacity to request direct payments
p.000002: 32 Adults without capacity to request direct payments
p.000002: 33 Direct payments: further provision
p.000002:
p.000002: Deferred payment agreements, etc.
p.000002: 34 Deferred payment agreements and loans
p.000002: 35 Deferred payment agreements and loans: further provision
p.000002: 36 Alternative financial arrangements
p.000002:
p.000002: Continuity of care and support when adult moves
p.000002: 37 Notification, assessment, etc.
p.000002: 38 Case where assessments not complete on day of move
p.000002:
p.000002: Establishing where a person lives, etc.
p.000002: 39 Where a person’s ordinary residence is
p.000002: 40 Disputes about ordinary residence or continuity of care
p.000002: 41 Financial adjustments between local authorities
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
...
p.000030: until the specified time either or both of the following—
p.000030: (a) the payment of the specified part of the amounts due from an adult to the authority under such provision of this
p.000030: Part or of regulations under this Part as is specified in regulations;
p.000030: (b) the repayment of the specified part of a loan made under the agreement by the authority to an adult for the
p.000030: purpose of assisting the adult to obtain the provision of care and support for the adult.
p.000030: (3) The care and support mentioned in subsection (2)(b) includes care and support the provision of which—
p.000030: (a) the authority does not consider to be necessary to meet the adult’s needs;
p.000030: (b) is in addition to care and support which is being provided, arranged for, or paid for (in whole or in part) by
p.000030: the authority.
p.000030: (4) Regulations under subsection (1) may, in particular, prohibit a local authority from entering into, or
p.000030: permit it to refuse to enter into, a deferred payment agreement unless it obtains adequate security for the
p.000030: payment of the adult’s deferred amount.
p.000030: (5) Regulations may specify what constitutes adequate security for the purposes of subsection (4); they may, for
p.000030: example, specify—
p.000030: (a) an obligation on the adult to give the authority a charge over the adult’s legal or beneficial interest in the
p.000030: property which the adult occupies as his or her only or main residence (or in a property which the adult used to occupy
p.000030: as such) to secure payment of the adult’s deferred amount;
p.000030: (b) a guarantee from another person to pay the adult’s deferred amount.
p.000030:
p.000030: Care Act 2014 (c. 23)
p.000031: 31
p.000031: Part 1 — Care and support
p.000031:
p.000031: (6) A reference in this section or section 35 to an adult’s deferred amount, in relation to a
p.000031: deferred payment agreement, is a reference to the amount of which the local authority agrees not to require
p.000031: payment or repayment until the specified time.
p.000031: (7) “Specified”, in relation to a time or a part of an amount or loan, means specified in or determined in
p.000031: accordance with regulations; and the specified part of an amount or loan may be 100%.
p.000031: (8) This section applies in relation to an agreement under which a local authority agrees to make a loan to an adult
p.000031: for the purpose of assisting the adult to obtain the provision of care and support for the adult as it applies in
p.000031: relation to a deferred payment agreement; and for that purpose—
p.000031: (a) the reference in subsection (3) to subsection (2)(b) is to be read as a reference to this
p.000031: subsection; and
p.000031: (b) the references in subsections (4) and (5) to payment of the adult’s deferred amount are to be read as
p.000031: references to repayment of the loan.
p.000031:
p.000031: 35 Deferred payment agreements and loans: further provision
p.000031: (1) Regulations may require or permit a local authority to charge—
p.000031: (a) interest on an adult’s deferred amount;
...
p.000031: (b) require or permit any such interest or other amount to be treated in the same way as the adult’s deferred
p.000031: amount;
p.000031: (c) specify what constitutes adequate security for the purposes of paragraph (a).
p.000031: (4) The authority may not charge interest under regulations made under subsection (1) or under a
p.000031: deferred payment agreement at a rate that exceeds the rate specified in or determined in accordance with the
p.000031: regulations; the regulations may, for example, provide for a rate to be determined by reference to a specified
p.000031: interest rate or other specified criterion.
p.000031: (5) The regulations must enable the adult to terminate a deferred payment agreement by—
p.000031: (a) giving the authority notice, and
p.000031: (b) paying the authority the full amount for which the adult is liable with respect to the adult’s deferred amount
p.000031: and any interest or other amount charged under regulations made under subsection (1) or under the agreement.
p.000031: (6) The regulations may make other provision about the duration of a deferred payment agreement and for its
p.000031: termination by either party.
p.000031: (7) The regulations may make provision as to the rights and obligations of the authority and the
p.000031: adult where the adult disposes of any legal or beneficial
p.000031:
p.000032: 32
p.000032: Care Act 2014 (c. 23)
p.000032: Part 1 — Care and support
p.000032:
p.000032: interest in a property to which a deferred payment agreement relates and acquires a legal or beneficial
p.000032: interest in another property (whether or not it is in the area of that authority); they may, for example, make
p.000032: provision—
p.000032: (a) for the authority not to require payment of the amounts referred to in subsection (5)(b) until the time
p.000032: specified in or determined in accordance with the regulations;
p.000032: (b) for the adult to give the authority a charge over the adult’s legal or beneficial interest in the
p.000032: other property.
p.000032: (8) The regulations may—
p.000032: (a) require or permit terms or conditions of a specified description, or in a specified form, to be included in a
p.000032: deferred payment agreement;
p.000032: (b) permit such other terms or conditions as the authority considers appropriate to be included in such an
p.000032: agreement;
p.000032: (c) require statements or other information relating to specified matters, or in a specified form, to be included in
p.000032: such an agreement.
p.000032: (9) The regulations may make provision for the purpose of enabling local authorities to protect (for
p.000032: example, by registration) or enforce security obtained for the payment of the adult’s deferred amount or the payment of
p.000032: any interest or other amount referred to in subsection (1); and, for that purpose, the regulations may
p.000032: amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.
p.000032: (10) This section applies in relation to an agreement of the kind mentioned in section 34(8) as it
p.000032: applies in relation to a deferred payment agreement; and for that purpose—
p.000032: (a) the references in subsections (1), (3) and (5) to the adult’s deferred amount are to be read as
p.000032: references to the loan; and
p.000032: (b) the reference in subsection (9) to payment of the adult’s deferred amount is to be read as a reference
p.000032: to repayment of the loan.
p.000032:
p.000032: 36 Alternative financial arrangements
p.000032: (1) Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or
...
p.000038:
p.000038: Safeguarding adults at risk of abuse or neglect
p.000038:
p.000038: 42 Enquiry by local authority
p.000038: (1) This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether
p.000038: or not ordinarily resident there)—
p.000038: (a) has needs for care and support (whether or not the authority is meeting any of those needs),
p.000038: (b) is experiencing, or is at risk of, abuse or neglect, and
p.000038: (c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of
p.000038: it.
p.000038: (2) The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable
p.000038: it to decide whether any action should be taken in the adult’s case (whether under this Part or otherwise) and, if so,
p.000038: what and by whom.
p.000038: (3) “Abuse” includes financial abuse; and for that purpose “financial abuse” includes—
p.000038: (a) having money or other property stolen,
p.000038: (b) being defrauded,
p.000038: (c) being put under pressure in relation to money or other property, and
p.000038: (d) having money or other property misused.
p.000038:
p.000038: 43 Safeguarding Adults Boards
p.000038: (1) Each local authority must establish a Safeguarding Adults Board (an “SAB”) for its area.
p.000038: (2) The objective of an SAB is to help and protect adults in its area in cases of the kind described in section
p.000038: 42(1).
p.000038: (3) The way in which an SAB must seek to achieve its objective is by co-ordinating and ensuring the effectiveness of
p.000038: what each of its members does.
p.000038: (4) An SAB may do anything which appears to it to be necessary or desirable for the purpose of achieving its
p.000038: objective.
p.000038: (5) Schedule 2 (which includes provision about the membership, funding and other resources, strategy and
p.000038: annual report of an SAB) has effect.
p.000038:
p.000038: Care Act 2014 (c. 23)
p.000039: 39
p.000039: Part 1 — Care and support
p.000039:
p.000039: (6) Where two or more local authorities exercise their respective duties under subsection (1) by
p.000039: establishing an SAB for their combined area—
p.000039: (a) a reference in this section, section 44 or Schedule 2 to the authority establishing the SAB is
p.000039: to be read as a reference to the authorities establishing it, and
p.000039: (b) a reference in this section, that section or that Schedule to the SAB’s area is to be read as a reference to the
p.000039: combined area.
p.000039:
p.000039: 44 Safeguarding adults reviews
p.000039: (1) An SAB must arrange for there to be a review of a case involving an adult in its area with needs for care and
...
p.000039: (2) Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its
p.000039: functions.
p.000039: (3) Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be
p.000039: such that the person is likely to have information relevant to the exercise of a function by the SAB.
p.000039: (4) Condition 3 is that the information relates to—
p.000039: (a) the person to whom the request is made,
p.000039:
p.000040: 40
p.000040: Care Act 2014 (c. 23)
p.000040: Part 1 — Care and support
p.000040:
p.000040: (b) a function or activity of that person, or
p.000040: (c) a person in respect of whom that person exercises a function or engages in an activity.
p.000040: (5) Condition 4 is that the information—
p.000040: (a) is information requested by the SAB from a person to whom information was supplied in
p.000040: compliance with another request under this section, and
p.000040: (b) is the same as, or is derived from, information so supplied.
p.000040: (6) Information may be used by the SAB, or other person to whom it is supplied under subsection (1), only for the
p.000040: purpose of enabling or assisting the SAB to exercise its functions.
p.000040:
p.000040: 46 Abolition of local authority’s power to remove persons in need of care
p.000040: Section 47 of the National Assistance Act 1948 (which gives a local authority power to remove a person in need
p.000040: of care from home) ceases to apply to persons in England.
p.000040:
p.000040: 47 Protecting property of adults being cared for away from home
p.000040: (1) This section applies where—
p.000040: (a) an adult is having needs for care and support met under section 18 or
p.000040: 19 in a way that involves the provision of accommodation, or is admitted to hospital (or both), and
p.000040: (b) it appears to a local authority that there is a danger of loss or damage to movable property of the adult’s in
p.000040: the authority’s area because—
p.000040: (i) the adult is unable (whether permanently or temporarily) to protect or deal with the property, and
p.000040: (ii) no suitable arrangements have been or are being made.
p.000040: (2) The local authority must take reasonable steps to prevent or mitigate the loss or damage.
p.000040: (3) For the purpose of performing that duty, the local authority—
p.000040: (a) may at all reasonable times and on reasonable notice enter any premises which the adult was
p.000040: living in immediately before being provided with accommodation or admitted to hospital, and
p.000040: (b) may deal with any of the adult’s movable property in any way which is reasonably necessary for preventing or
p.000040: mitigating loss or damage.
p.000040: (4) A local authority may not exercise the power under subsection (3)(a) unless—
p.000040: (a) it has obtained the consent of the adult concerned or, where the adult lacks capacity to give consent, the
p.000040: consent of a person authorised under the Mental Capacity Act 2005 to give it on the adult’s behalf, or
p.000040: (b) where the adult lacks capacity to give consent and there is no person so authorised, the local authority is
p.000040: satisfied that exercising the power would be in the adult’s best interests.
p.000040: (5) Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it
p.000040: authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.
p.000040:
p.000040: Care Act 2014 (c. 23)
p.000041: 41
p.000041: Part 1 — Care and support
p.000041:
p.000041: (6) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—
p.000041: (a) commits an offence, and
p.000041: (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
...
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
p.000070: offence, is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
p.000070: (b) references to carers are to be ignored.
p.000070: (7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
...
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
p.000088: HEALTH EDUCATION ENGLAND
p.000088:
p.000088: Establishment
p.000088:
p.000088: 96 Health Education England
p.000088: (1) There is to be a body corporate called Health Education England (referred to in this Act as “HEE”).
p.000088: (2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of its functions and its financial
p.000088: and reporting duties) has effect.
p.000088: (3) The Special Health Authority called Health Education England is abolished; and, in consequence of that, the
p.000088: following are revoked—
p.000088: (a) the Health Education England (Establishment and Constitution) Order 2012 (S.I. 2012/1273), and
p.000088: (b) the Health Education England Regulations (S.I. 2012/1290).
p.000088: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
p.000088: Special Health Authority to HEE; for further provision about an order under this section, see section 118.
p.000088:
p.000088: National functions
p.000088:
p.000088: 97 Planning education and training for health care workers etc.
p.000088: (1) HEE must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health
p.000088: Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the
p.000088: functions of the Secretary of State under—
p.000088: (a) section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital
p.000088: authorities etc.),
p.000088: (b) section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and
p.000088: (c) such other of the enactments listed in section 1F(3) of that Act as regulations may specify.
p.000088: (2) Regulations may—
p.000088: (a) provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other
p.000088: functions of the Secretary of State as are specified; and
p.000088: (b) impose on HEE a duty to perform the duty as it applies as a result of provision made under paragraph (a).
p.000088: (3) Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only
p.000088: be performed, or may not be performed, in relation to persons of a specified description.
p.000088:
p.000088: Care Act 2014 (c. 23)
p.000089: 89
p.000089: Part 3 — Health
p.000089: Chapter 1 — Health Education England
...
p.000096: (a) by reference to the approved price, or
p.000096: (b) where the approved price has been varied in accordance with a variation procedure that has effect in
p.000096: relation to it, by reference to the price as varied.
p.000096:
p.000096: Care Act 2014 (c. 23)
p.000097: 97
p.000097: Part 3 — Health
p.000097: Chapter 2 — Health Research Authority
p.000097:
p.000097: CHAPTER 2
p.000097: HEALTH RESEARCH AUTHORITY
p.000097:
p.000097: Establishment
p.000097:
p.000097: 109 The Health Research Authority
p.000097: (1) There is to be a body corporate called the Health Research Authority (referred to in this Act as “the HRA”).
p.000097: (2) Schedule 7 (which includes provision about the HRA’s constitution, the exercise of its functions and
p.000097: its financial and reporting duties) has effect.
p.000097: (3) The Special Health Authority called the Health Research Authority is abolished; and, in
p.000097: consequence of that, the following are revoked—
p.000097: (a) the Health Research Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2323), and
p.000097: (b) the Health Research Authority Regulations 2011 (S.I. 2011/2341).
p.000097: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
p.000097: Special Health Authority to the HRA; for further provision about an order under this section, see section 118.
p.000097:
p.000097: General functions
p.000097:
p.000097: 110 The HRA’s functions
p.000097: (1) The main functions of the HRA are—
p.000097: (a) functions relating to the co-ordination and standardisation of practice relating to the regulation of health and
p.000097: social care research (see section 111);
p.000097: (b) functions relating to research ethics committees (see sections 112 to 115);
p.000097: (c) functions as a member of the United Kingdom Ethics Committee Authority (see section 116 and the
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
...
p.000103: (as the case may be)”.
p.000103: (7) In paragraph (3) of that regulation, for the words from the beginning to “in the register” substitute “The
p.000103: Health Research Authority shall retain the particulars of each entry it records in the register, and the Secretary of
p.000103: State shall retain the particulars of each entry he records in the register,”.
p.000103: (8) For paragraph (4) of that regulation substitute—
p.000103: “(4) The Health Research Authority shall, in such manner and to such extent as it considers
p.000103: appropriate, publish entries it records in the register; and the Secretary of State shall, in such manner and to
p.000103: such extent as he considers appropriate, publish entries he records in the register.”
p.000103:
p.000103: CHAPTER 3
p.000103: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000103:
p.000103: Miscellaneous
p.000103:
p.000103: 118 Transfer orders
p.000103: (1) An order under section 96 (establishment of Health Education England) or section 109 (establishment
p.000103: of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to
p.000103: an individual’s contract of employment.
p.000103: (2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer
p.000103: of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000103: (3) A transfer order may provide for the transfer of property, rights or liabilities—
p.000103: (a) whether or not they would otherwise be capable of being transferred;
p.000103: (b) irrespective of any requirement for consent that would otherwise apply.
p.000103: (4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities
p.000103: transferred.
p.000103: (5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in
p.000103: connection with anything transferred to be—
p.000103: (a) treated as done by or in relation to the transferee or its employees;
p.000103: (b) continued by or in relation to the transferee or its employees.
p.000103: (6) A transfer order may in particular make provision about continuation of legal proceedings.
p.000103:
p.000104: 104
p.000104: Care Act 2014 (c. 23) Part 3 — Health
p.000104: Chapter 3 — Chapters 1 and 2: supplementary
p.000104:
p.000104: General
p.000104:
p.000104: 119 Chapters 1 and 2: interpretation and supplementary provision
p.000104: (1) For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or
p.000104: otherwise explained by the provision of this Act specified in the second column.
p.000104:
p.000104:
p.000104:
p.000104: Expression Appointment criteria Commissioner of health services
p.000104: Devolved authority
p.000104: Devolved legislature Direct or direction Enactment
p.000104: Financial year Health care workers Health research
p.000104: The health service Health services HEE
p.000104: The HRA LETB
p.000104: Social care research
p.000104: Provision
p.000104: Section 104
p.000104: Section 105
p.000104: Section 126
p.000104: Section 126
p.000104: Subsection (2) below
p.000104: Section 126
p.000104: Section 126
p.000104: Section 97
p.000104: Section 110
p.000104: Section 126
p.000104: Section 99
p.000104: Section 96
p.000104: Section 109
p.000104: Section 103
p.000104: Section 110
p.000104:
...
p.000137: an employee of HEE, regardless of whether the person is a non-executive member of HEE.
p.000137: (4) Any committees and sub-committees of the Special Health Authority called Health Education England in existence
p.000137: immediately before its abolition are to become respectively committees and sub-committees of HEE (and are to be treated
p.000137: as appointed under this paragraph).
p.000137:
p.000137: Procedure
p.000137: 10 (1) HEE may regulate its own procedure.
p.000137: (2) A vacancy among the members of HEE, or a defect in the appointment of a member, does not affect the validity of
p.000137: any act of HEE.
p.000137: Seal and evidence
p.000137: 11 (1) The application of HEE’s seal must be authenticated by the signature of a member of HEE or a person who has
p.000137: been authorised (whether generally or specifically) for the purpose.
p.000137:
p.000138: 138
p.000138: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000138: Part 1 — Constitution
p.000138:
p.000138: (2) A document purporting to be duly executed under HEE’s seal or to be signed on its behalf must be
p.000138: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000138: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000138: law of Scotland.
p.000138:
p.000138: Status of HEE
p.000138: 12 (1) HEE is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000138: immunity of the Crown.
p.000138: (2) HEE’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000138:
p.000138: PART 2 FUNCTIONS
p.000138: Exercise of functions
p.000138:
p.000138: 13 (1) HEE must exercise its functions effectively, efficiently and economically.
p.000138: (2) HEE may arrange for any of its committees, sub-committees or members or any other person to exercise any of its
p.000138: functions on its behalf (but see sub- paragraph (5)).
p.000138: (3) HEE may arrange for any person to help it to exercise its functions (whether in a particular case or in cases of a
p.000138: particular description).
p.000138: (4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the
p.000138: persons with whom HEE makes the arrangements.
p.000138: (5) HEE may not arrange for a committee which is not an LETB, or for a sub- committee, member or any other
p.000138: person, to exercise a function which is exercisable by an LETB.
p.000138: (6) HEE may in any way it thinks appropriate involve health care workers, persons to whom health services
p.000138: are provided or carers for such persons, in decisions it makes about the exercise of its functions; and “carer” means
p.000138: an adult who provides or intends to provide care for another person.
p.000138: (7) HEE may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the
p.000138: exercise of its functions.
p.000138: (8) In section 247C of the National Health Service Act 2006 (Secretary of State’s duty to keep health service
p.000138: functions of certain bodies under review), in subsection (2), after paragraph (e) insert—
p.000138: “(ea) Health Education England;”.
p.000138: Help or advice for other public authorities
...
p.000150: (3) The committee appointed under sub-paragraph (1) must consist of persons who are not members or employees of the
p.000150: HRA.
p.000150: (4) Any other committee or sub-committee may consist of or include such persons.
p.000150: (5) The HRA may pay such remuneration and allowances as it decides to a person who is a member of a
p.000150: committee or sub-committee, but is not an employee of the HRA, regardless of whether the person is a
p.000150: non-executive member of the HRA.
p.000150: 9 Regulations may provide for the committee appointed under paragraph 8(1) to be required, in giving
p.000150: advice, to have regard to specified factors or matters.
p.000150:
p.000150: Procedure
p.000150: 10 (1) The HRA may regulate its own procedure.
p.000150: (2) A vacancy among the members of the HRA, or a defect in the appointment of a member, does not affect the validity
p.000150: of any act of the HRA.
p.000150: Seal and evidence
p.000150: 11 (1) The application of the HRA’s seal must be authenticated by the signature of a member of the HRA or a
p.000150: person who has been authorised (whether generally or specifically) for the purpose.
p.000150: (2) A document purporting to be duly executed under the HRA’s seal or to be signed on its behalf must be received in
p.000150: evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000150: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000150: law of Scotland.
p.000150: Status of the HRA
p.000150: 12 (1) The HRA is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000150: immunity of the Crown.
p.000150: (2) The HRA’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000150:
p.000150: PART 2 FUNCTIONS
p.000150: Exercise of functions
p.000150:
p.000150: 13 (1) The HRA must exercise its functions effectively, efficiently and economically.
p.000150:
p.000150: Care Act 2014 (c. 23)
p.000150: Schedule 7 — The Health Research Authority Part 2 — Functions
p.000151: 151
p.000151:
p.000151: (2) The HRA may arrange for any of its committees, sub-committees or members or any other person (other than
p.000151: a devolved authority) to exercise any of its functions on its behalf.
p.000151: (3) The HRA may arrange for any person to help it in the exercise of its functions (whether in a particular case or in
p.000151: cases of a particular description).
p.000151: (4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the
p.000151: persons with whom the HRA makes the arrangements.
p.000151: (5) The HRA may do anything which appears to it to be necessary or desirable for the purposes of or in connection with
p.000151: the exercise of its functions.
p.000151: Help or advice for other public authorities
p.000151: 14 (1) The HRA may provide help or advice to another public authority for the purpose of the exercise by that
p.000151: authority of its functions.
p.000151: (2) Help or advice under this paragraph may be provided on such terms as the HRA decides (including terms relating
p.000151: to payment of remuneration and allowances).
p.000151: (3) “Public authority”—
...
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p.000040: mitigating loss or damage.
p.000040: (4) A local authority may not exercise the power under subsection (3)(a) unless—
p.000040: (a) it has obtained the consent of the adult concerned or, where the adult lacks capacity to give consent, the
p.000040: consent of a person authorised under the Mental Capacity Act 2005 to give it on the adult’s behalf, or
p.000040: (b) where the adult lacks capacity to give consent and there is no person so authorised, the local authority is
p.000040: satisfied that exercising the power would be in the adult’s best interests.
p.000040: (5) Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it
p.000040: authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.
p.000040:
p.000040: Care Act 2014 (c. 23)
p.000041: 41
p.000041: Part 1 — Care and support
p.000041:
p.000041: (6) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—
p.000041: (a) commits an offence, and
p.000041: (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
p.000041: (7) A local authority may recover from an adult whatever reasonable expenses the authority incurs under this section
p.000041: in the adult’s case.
p.000041:
p.000041: Provider failure
p.000041:
p.000041: 48 Temporary duty on local authority
p.000041: (1) This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008
p.000041: (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part)
p.000041: becomes unable to carry on that activity because of business failure.
p.000041: (2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do
p.000041: so) meet those of an adult’s needs for care and support and those of a carer’s needs for support which were,
p.000041: immediately before the registered care provider became unable to carry on the regulated activity, being met by the
p.000041: carrying on of that activity in the authority’s area by the provider.
p.000041: (3) A local authority is accordingly required to meet needs under subsection (2) regardless of—
p.000041: (a) whether the relevant adult is ordinarily resident in its area;
p.000041: (b) whether the authority has carried out a needs assessment, a carer’s assessment or a financial
p.000041: assessment;
p.000041: (c) whether any of the needs meet the eligibility criteria.
...
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
p.000086: provision of that information by that provider does not also constitute an offence under section 64 of the Health and
p.000086: Social Care Act 2008 (failure to comply with request to provide information).
p.000086:
p.000086: 93 Penalties
p.000086: (1) A person who is guilty of an offence under section 92 is liable—
p.000086: (a) on summary conviction, to a fine;
p.000086: (b) on conviction on indictment, to imprisonment for not more than two years or a fine (or both).
p.000086: (2) A court before which a care provider is convicted of an offence under section 92 may (whether instead of or as
p.000086: well as imposing a fine under subsection (1)) make either or both of the following orders—
p.000086: (a) a remedial order,
p.000086: (b) a publicity order.
p.000086: (3) A “remedial order” is an order requiring the care provider to take specified steps to remedy one or more of the
p.000086: following—
p.000086: (a) the conduct specified in section 92(1),
p.000086: (b) any matter that appears to the court to have resulted from the conduct,
p.000086: (c) any deficiency, as regards the management of information, in the care provider’s policies, systems or practices
p.000086: of which the conduct appears to the court to be an indication.
p.000086: (4) A “publicity order” is an order requiring the care provider to publicise in a specified manner—
p.000086: (a) the fact that it has been convicted of an offence under section 92,
p.000086: (b) specified particulars of the offence,
p.000086: (c) the amount of any fine imposed, and
p.000086: (d) the terms of any remedial order made.
p.000086: (5) A remedial order may be made only on an application by the prosecution specifying the terms of the
p.000086: proposed order; and any such order must be on such terms (whether those proposed or others) as the
p.000086: court considers appropriate having regard to any representations made, and any evidence adduced, in relation
p.000086: to that matter by the prosecution or on behalf of the care provider.
p.000086: (6) A remedial order must specify a period within which the steps referred to in subsection (3) are to be taken.
p.000086: (7) A publicity order must specify a period within which the requirements referred to in subsection (4)
p.000086: are to be complied with.
p.000086:
p.000086: Care Act 2014 (c. 23)
p.000087: 87
p.000087: Part 2 — Care standards
p.000087:
p.000087: (8) A care provider that fails to comply with a remedial order or a publicity order commits an offence and is liable
p.000087: on conviction on indictment to a fine.
p.000087:
p.000087: 94 Offences by bodies
p.000087: (1) Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved
p.000087: that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
p.000087: (a) a director, manager or secretary of the body, or
p.000087: (b) a person purporting to act in such a capacity.
p.000087: (2) The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the
p.000087: offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
p.000087: (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
p.000087: (a) to any other similar officer of the body, and
p.000087: (b) where the body is a local authority, to a member of the authority.
p.000087: (4) Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated
p.000087: association are to be brought in the name of the association (and not in that of any of the members); and
p.000087: rules of court relating to the service of documents have effect as if the unincorporated association were a body
p.000087: corporate.
p.000087: (5) In proceedings for an offence under section 92(1) brought against an unincorporated
p.000087: association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980
p.000087: apply as they apply in relation to a body corporate.
p.000087: (6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1)
p.000087: is to be paid out of the funds of the association.
p.000087: (7) Subsection (8) applies if an offence under section 92(1) is proved—
p.000087: (a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of
p.000087: its governing body, or
p.000087: (b) to be attributable to neglect on the part of such an officer or member.
p.000087: (8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against
p.000087: accordingly (but section 93(2) does not apply).
p.000087:
p.000087: Regulated activities
p.000087:
p.000087: 95 Training for persons working in regulated activity
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
p.000088: HEALTH EDUCATION ENGLAND
p.000088:
p.000088: Establishment
p.000088:
p.000088: 96 Health Education England
...
Social / Victim of Abuse
Searching for indicator abuse:
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p.000002: 20 Duty and power to meet a carer’s needs for support
p.000002: 21 Exception for persons subject to immigration control
p.000002: 22 Exception for provision of health services
p.000002: 23 Exception for provision of housing etc.
p.000002:
p.000002: Next steps after assessments
p.000002: 24 The steps for the local authority to take
p.000002: 25 Care and support plan, support plan
p.000002: 26 Personal budget
p.000002: 27 Review of care and support plan or of support plan
p.000002: 28 Independent personal budget
p.000002: 29 Care account
p.000002: 30 Cases where adult expresses preference for particular accommodation
p.000002:
p.000002: Direct payments
p.000002: 31 Adults with capacity to request direct payments
p.000002: 32 Adults without capacity to request direct payments
p.000002: 33 Direct payments: further provision
p.000002:
p.000002: Deferred payment agreements, etc.
p.000002: 34 Deferred payment agreements and loans
p.000002: 35 Deferred payment agreements and loans: further provision
p.000002: 36 Alternative financial arrangements
p.000002:
p.000002: Continuity of care and support when adult moves
p.000002: 37 Notification, assessment, etc.
p.000002: 38 Case where assessments not complete on day of move
p.000002:
p.000002: Establishing where a person lives, etc.
p.000002: 39 Where a person’s ordinary residence is
p.000002: 40 Disputes about ordinary residence or continuity of care
p.000002: 41 Financial adjustments between local authorities
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
...
p.000002: 127 Commencement
p.000002: 128 Extent and application
p.000002: 129 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — Cross-border placements Schedule 2 — Safeguarding Adults Boards
p.000002: Schedule 3 — Discharge of hospital patients with care and support needs Schedule 4 — Direct payments: after-care under
p.000002: the Mental Health Act 1983
p.000002: Part 1 — After-care under the Mental Health Act 1983: direct payments Part 2 — Provision to be inserted in Social
p.000002: Services and Well-Being
p.000002: (Wales) Act 2014
p.000002: Schedule 5 — Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: vii
p.000002:
p.000002:
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments Schedule 6 — Local Education and Training Boards Schedule 7 — The Health Research
p.000002: Authority
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments
p.000002: Schedule 8 — Research ethics committees: amendments
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 23
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Care Act 2014
p.000002: 2014 CHAPTER 23
p.000002:
p.000002: An Act to make provision to reform the law relating to care and support for adults and the law relating to
p.000002: support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision
p.000002: about care standards; to establish and make provision about Health Education England; to establish and make provision
p.000002: about the Health Research Authority; to make provision about integrating care and support with health services;
p.000002: and for connected purposes. [14th May 2014]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002:
p.000002: PART 1
p.000002: CARE AND SUPPORT
p.000002:
p.000002: General responsibilities of local authorities
p.000002:
p.000002: 1 Promoting individual well-being
p.000002: (1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is
p.000002: to promote that individual’s well-being.
p.000002: (2) “Well-being”, in relation to an individual, means that individual’s well-being so far as relating to any of the
p.000002: following—
p.000002: (a) personal dignity (including treatment of the individual with respect);
p.000002: (b) physical and mental health and emotional well-being;
p.000002: (c) protection from abuse and neglect;
p.000002: (d) control by the individual over day-to-day life (including over care and support, or support, provided to the
p.000002: individual and the way in which it is provided);
p.000002:
p.000002: 2
p.000002: Care Act 2014 (c. 23)
p.000002: Part 1 — Care and support
p.000002:
p.000002: (e) participation in work, education, training or recreation;
p.000002: (f) social and economic well-being;
p.000002: (g) domestic, family and personal relationships;
p.000002: (h) suitability of living accommodation;
p.000002: (i) the individual’s contribution to society.
p.000002: (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the
p.000002: following matters in particular—
p.000002: (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual’s
p.000002: well-being;
p.000002: (b) the individual’s views, wishes, feelings and beliefs;
p.000002: (c) the importance of preventing or delaying the development of needs for care and support or needs for support and
p.000002: the importance of reducing needs of either kind that already exist;
p.000002: (d) the need to ensure that decisions about the individual are made having regard to all the individual’s
p.000002: circumstances (and are not based only on the individual’s age or appearance or any condition of the individual’s or
p.000002: aspect of the individual’s behaviour which might lead others to make unjustified assumptions about the
p.000002: individual’s well-being);
p.000002: (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the
p.000002: function concerned and being provided with the information and support necessary to enable the individual to
p.000002: participate;
p.000002: (f) the importance of achieving a balance between the individual’s well- being and that of any friends or relatives
p.000002: who are involved in caring for the individual;
p.000002: (g) the need to protect people from abuse and neglect;
p.000002: (h) the need to ensure that any restriction on the individual’s rights or freedom of action that is
p.000002: involved in the exercise of the function is kept to the minimum necessary for achieving the purpose for which
p.000002: the function is being exercised.
p.000002: (4) “Local authority” means—
p.000002: (a) a county council in England,
p.000002: (b) a district council for an area in England for which there is no county council,
p.000002: (c) a London borough council, or
p.000002: (d) the Common Council of the City of London.
p.000002:
p.000002: 2 Preventing needs for care and support
p.000002: (1) A local authority must provide or arrange for the provision of services, facilities or resources, or
p.000002: take other steps, which it considers will—
p.000002: (a) contribute towards preventing or delaying the development by adults in its area of needs for care and support;
p.000002: (b) contribute towards preventing or delaying the development by carers in its area of needs for support;
p.000002: (c) reduce the needs for care and support of adults in its area;
p.000002: (d) reduce the needs for support of carers in its area.
p.000002: (2) In performing that duty, a local authority must have regard to—
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000003: 3
p.000003: Part 1 — Care and support
p.000003:
p.000003: (a) the importance of identifying services, facilities and resources already available in the authority’s area and
p.000003: the extent to which the authority could involve or make use of them in performing that duty;
...
p.000007: officer is relevant to the functions referred to in paragraph (a)), and
p.000007: (d) the authority’s director of public health (see section 73A of the National Health Service Act 2006).
p.000007: (5) The references in subsections (1) and (4)(a) to a local authority’s functions include a reference
p.000007: to the authority’s functions under sections 58 to 65 (transition for children with needs etc.).
p.000007: (6) The duties under subsections (1) to (4) are to be performed for the following purposes in particular—
p.000007: (a) promoting the well-being of adults with needs for care and support and of carers in the authority’s area,
p.000007: (b) improving the quality of care and support for adults and support for carers provided in the authority’s area
p.000007: (including the outcomes that are achieved from such provision),
p.000007: (c) smoothing the transition to the system provided for by this Part for persons in relation to whom
p.000007: functions under sections 58 to 65 are exercisable,
p.000007: (d) protecting adults with needs for care and support who are experiencing, or are at risk of,
p.000007: abuse or neglect, and
p.000007: (e) identifying lessons to be learned from cases where adults with needs for care and support have experienced
p.000007: serious abuse or neglect and applying those lessons to future cases.
p.000007: (7) Each of the following is a relevant partner of a local authority—
p.000007: (a) where the authority is a county council for an area for which there are district councils, each district
p.000007: council;
p.000007: (b) any local authority, or district council for an area in England for which there is a county council, with which
p.000007: the authority agrees it would be appropriate to co-operate under this section;
p.000007: (c) each NHS body in the authority’s area;
p.000007: (d) the Minister of the Crown exercising functions in relation to social security, employment and
p.000007: training, so far as those functions are exercisable in relation to England;
p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
...
p.000010: (9) An adult is not to be regarded as a carer if the adult provides or intends to provide care—
p.000010: (a) under or by virtue of a contract, or
p.000010: (b) as voluntary work.
p.000010: (10) But in a case where the local authority considers that the relationship between the adult needing care and the
p.000010: adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a
p.000010: carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).
p.000010: (11) The references in this section to providing care include a reference to providing practical or emotional
p.000010: support.
p.000010: (12) This section is subject to section 11(5) to (7) (refusal by carer of assessment).
p.000010:
p.000010: Care Act 2014 (c. 23)
p.000011: 11
p.000011: Part 1 — Care and support
p.000011:
p.000011: 11 Refusal of assessment
p.000011: (1) Where an adult refuses a needs assessment, the local authority concerned is not required to carry out the
p.000011: assessment (and section 9(1) does not apply in the adult’s case).
p.000011: (2) But the local authority may not rely on subsection (1) (and so must carry out a needs assessment) if—
p.000011: (a) the adult lacks capacity to refuse the assessment and the authority is satisfied that carrying out the
p.000011: assessment would be in the adult’s best interests, or
p.000011: (b) the adult is experiencing, or is at risk of, abuse or neglect.
p.000011: (3) Where, having refused a needs assessment, an adult requests the assessment, section 9(1) applies in the adult’s
p.000011: case (and subsection (1) above does not).
p.000011: (4) Where an adult has refused a needs assessment and the local authority concerned thinks that the
p.000011: adult’s needs or circumstances have changed, section 9(1) applies in the adult’s case (but subject to further refusal
p.000011: as mentioned in subsection (1) above).
p.000011: (5) Where a carer refuses a carer’s assessment, the local authority concerned is not required to carry out the
p.000011: assessment (and section 10(1) does not apply in the carer’s case).
p.000011: (6) Where, having refused a carer’s assessment, a carer requests the assessment, section 10(1) applies in the
p.000011: carer’s case (and subsection (5) above does not).
p.000011: (7) Where a carer has refused a carer’s assessment and the local authority concerned thinks that the
p.000011: needs or circumstances of the carer or the adult needing care have changed, section 10(1) applies in the
p.000011: carer’s case (but subject to further refusal as mentioned in subsection (5) above).
p.000011:
p.000011: 12 Assessments under sections 9 and 10: further provision
p.000011: (1) Regulations must make further provision about carrying out a needs or carer’s assessment; the regulations may,
p.000011: in particular—
p.000011: (a) require the local authority, in carrying out the assessment, to have regard to the needs of the family
p.000011: of the adult to whom the assessment relates;
...
p.000037: (b) it transpires (whether following the determination of a dispute under section 40 or otherwise) that the adult
p.000037: needing care was, for some or all
p.000037:
p.000038: 38
p.000038: Care Act 2014 (c. 23)
p.000038: Part 1 — Care and support
p.000038:
p.000038: of the time that the authority has been meeting the carer’s needs, ordinarily resident in the area of
p.000038: another local authority.
p.000038: (3) The local authority concerned may recover from the other local authority the amount of any payments it made
p.000038: towards meeting the needs in question at a time when the other local authority was instead liable to meet
p.000038: them under section 18 or 20(1) (as the case may be).
p.000038: (4) Subsection (3) does not apply to payments which are the subject of a deferred payment agreement entered into by
p.000038: the local authority in question, unless it agrees with the other local authority to assign its rights and obligations
p.000038: under the deferred payment agreement to that other authority.
p.000038: (5) Any period during which a local authority was meeting the needs in question under section 19 or 20(6) is to be
p.000038: disregarded for the purposes of this section.
p.000038:
p.000038: Safeguarding adults at risk of abuse or neglect
p.000038:
p.000038: 42 Enquiry by local authority
p.000038: (1) This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether
p.000038: or not ordinarily resident there)—
p.000038: (a) has needs for care and support (whether or not the authority is meeting any of those needs),
p.000038: (b) is experiencing, or is at risk of, abuse or neglect, and
p.000038: (c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of
p.000038: it.
p.000038: (2) The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable
p.000038: it to decide whether any action should be taken in the adult’s case (whether under this Part or otherwise) and, if so,
p.000038: what and by whom.
p.000038: (3) “Abuse” includes financial abuse; and for that purpose “financial abuse” includes—
p.000038: (a) having money or other property stolen,
p.000038: (b) being defrauded,
p.000038: (c) being put under pressure in relation to money or other property, and
p.000038: (d) having money or other property misused.
p.000038:
p.000038: 43 Safeguarding Adults Boards
p.000038: (1) Each local authority must establish a Safeguarding Adults Board (an “SAB”) for its area.
p.000038: (2) The objective of an SAB is to help and protect adults in its area in cases of the kind described in section
p.000038: 42(1).
p.000038: (3) The way in which an SAB must seek to achieve its objective is by co-ordinating and ensuring the effectiveness of
p.000038: what each of its members does.
p.000038: (4) An SAB may do anything which appears to it to be necessary or desirable for the purpose of achieving its
p.000038: objective.
p.000038: (5) Schedule 2 (which includes provision about the membership, funding and other resources, strategy and
p.000038: annual report of an SAB) has effect.
p.000038:
p.000038: Care Act 2014 (c. 23)
p.000039: 39
p.000039: Part 1 — Care and support
p.000039:
p.000039: (6) Where two or more local authorities exercise their respective duties under subsection (1) by
p.000039: establishing an SAB for their combined area—
p.000039: (a) a reference in this section, section 44 or Schedule 2 to the authority establishing the SAB is
p.000039: to be read as a reference to the authorities establishing it, and
p.000039: (b) a reference in this section, that section or that Schedule to the SAB’s area is to be read as a reference to the
p.000039: combined area.
p.000039:
p.000039: 44 Safeguarding adults reviews
p.000039: (1) An SAB must arrange for there to be a review of a case involving an adult in its area with needs for care and
p.000039: support (whether or not the local authority has been meeting any of those needs) if—
p.000039: (a) there is reasonable cause for concern about how the SAB, members of it or other persons with relevant functions
p.000039: worked together to safeguard the adult, and
p.000039: (b) condition 1 or 2 is met.
p.000039: (2) Condition 1 is met if—
p.000039: (a) the adult has died, and
p.000039: (b) the SAB knows or suspects that the death resulted from abuse or neglect (whether or not it knew about
p.000039: or suspected the abuse or neglect before the adult died).
p.000039: (3) Condition 2 is met if—
p.000039: (a) the adult is still alive, and
p.000039: (b) the SAB knows or suspects that the adult has experienced serious abuse or neglect.
p.000039: (4) An SAB may arrange for there to be a review of any other case involving an adult in its area with needs
p.000039: for care and support (whether or not the local authority has been meeting any of those needs).
p.000039: (5) Each member of the SAB must co-operate in and contribute to the carrying out of a review under this section with
p.000039: a view to—
p.000039: (a) identifying the lessons to be learnt from the adult’s case, and
p.000039: (b) applying those lessons to future cases.
p.000039:
p.000039: 45 Supply of information
p.000039: (1) If an SAB requests a person to supply information to it, or to some other person specified in the request, the
p.000039: person to whom the request is made must comply with the request if—
p.000039: (a) conditions 1 and 2 are met, and
p.000039: (b) condition 3 or 4 is met.
p.000039: (2) Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its
p.000039: functions.
p.000039: (3) Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be
p.000039: such that the person is likely to have information relevant to the exercise of a function by the SAB.
p.000039: (4) Condition 3 is that the information relates to—
p.000039: (a) the person to whom the request is made,
p.000039:
p.000040: 40
p.000040: Care Act 2014 (c. 23)
p.000040: Part 1 — Care and support
p.000040:
p.000040: (b) a function or activity of that person, or
p.000040: (c) a person in respect of whom that person exercises a function or engages in an activity.
p.000040: (5) Condition 4 is that the information—
p.000040: (a) is information requested by the SAB from a person to whom information was supplied in
...
p.000050: (3) The consent condition is met if—
p.000050: (a) the child has capacity or is competent to consent to a child’s needs assessment being carried out
p.000050: and the child does so consent, or
p.000050: (b) the child lacks capacity or is not competent so to consent but the authority is satisfied that
p.000050: carrying out a child’s needs assessment would be in the child’s best interests.
p.000050: (4) Where a child refuses a child’s needs assessment and the consent condition is accordingly not met, the local
p.000050: authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or
p.000050: neglect.
p.000050: (5) Where a local authority, having received a request to carry out a child’s assessment from the child
p.000050: concerned or a parent or carer of the child, decides not to comply with the request, it must give the person
p.000050: who made the request—
p.000050: (a) written reasons for its decision, and
p.000050: (b) information and advice about what can be done to prevent or delay the development by the child of needs for care
p.000050: and support in the future.
p.000050: (6) “Parent”, in relation to a child, includes—
p.000050: (a) a parent of the child who does not have parental responsibility for the child, and
p.000050: (b) a person who is not a parent of the child but who has parental responsibility for the child.
p.000050: (7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for
...
p.000053: (a) whether the young carer has needs for support and, if so, what those needs are, and
p.000053: (b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those
p.000053: needs are likely to be.
p.000053:
p.000054: 54
p.000054: Care Act 2014 (c. 23)
p.000054: Part 1 — Care and support
p.000054:
p.000054: (2) An assessment under subsection (1) is referred to in this Part as a “young carer’s assessment”.
p.000054: (3) The consent condition is met if—
p.000054: (a) the young carer has capacity or is competent to consent to a young carer’s assessment being
p.000054: carried out and the young carer does so consent, or
p.000054: (b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that
p.000054: carrying out a young carer’s assessment would be in the young carer’s best interests.
p.000054: (4) Where a young carer refuses a young carer’s assessment and the consent condition is accordingly not
p.000054: met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is
p.000054: at risk of, abuse or neglect.
p.000054: (5) Where a local authority, having received a request to carry out a young carer’s assessment from the young carer
p.000054: concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the
p.000054: request—
p.000054: (a) written reasons for its decision, and
p.000054: (b) advice and information about what can be done to prevent or delay the development by the young carer of needs
p.000054: for support in the future.
p.000054: (6) “Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection
p.000054: (7)).
p.000054: (7) A person is not a young carer for the purposes of this section if the person provides or intends to provide
p.000054: care—
p.000054: (a) under or by virtue of a contract, or
p.000054: (b) as voluntary work.
p.000054: (8) But in a case where the local authority considers that the relationship between the adult and the person under
p.000054: 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded
p.000054: as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in
p.000054: that case).
p.000054: (9) The references to providing care include a reference to providing practical or emotional support.
p.000054:
p.000054: 64 Young carer’s assessment: requirements etc.
p.000054: (1) A young carer’s assessment must include an assessment of—
p.000054: (a) whether the young carer is able to provide care for the person in question and is likely to continue
p.000054: to be able to do so after becoming 18,
...
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
p.000070: (b) references to carers are to be ignored.
p.000070: (7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
p.000071: may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
p.000071: (11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
p.000071: (a) a reference to a prison includes a reference to a young offender institution, secure training centre
p.000071: or secure children’s home,
p.000071: (b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the
p.000071: governor, director or controller of a young offender institution, to the governor, director or monitor of a secure
...
p.000072: (5) “Disability” has the meaning given by section 6 of the Equality Act 2010.
p.000072:
p.000072: 78 Guidance, etc.
p.000072: (1) A local authority must act under the general guidance of the Secretary of State in the exercise of functions
p.000072: given to it by this Part or by regulations under this Part.
p.000072: (2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons
p.000072: as the Secretary of State considers appropriate.
p.000072: (3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion
p.000072: of individual well-being)—
p.000072: (a) in issuing guidance for the purposes of subsection (1);
p.000072: (b) in making regulations under this Part.
p.000072:
p.000072: 79 Delegation of local authority functions
p.000072: (1) A local authority may authorise a person to exercise on its behalf a function it has under—
p.000072: (a) this Part or regulations under this Part (but see subsection (2)), or
p.000072: (b) section 117 of the Mental Health Act 1983 (after-care services).
p.000072: (2) The references in subsection (1)(a) to this Part do not include a reference to—
p.000072: (a) section 3 (promoting integration with health services etc.),
p.000072: (b) sections 6 and 7 (co-operating),
p.000072: (c) section 14 (charges),
p.000072: (d) sections 42 to 47 (safeguarding adults at risk of abuse or neglect), or
p.000072: (e) this section.
p.000072: (3) An authorisation under this section may authorise an employee of the authorised person to exercise the
p.000072: function to which the authorisation relates; and for that purpose, where the authorised person is a body
p.000072: corporate, “employee” includes a director or officer of the body.
p.000072: (4) An authorisation under this section may authorise the exercise of the function to which it relates—
p.000072: (a) either wholly or to the extent specified in the authorisation;
p.000072: (b) either generally or in cases, circumstances or areas so specified;
p.000072: (c) either unconditionally or subject to conditions so specified.
p.000072: (5) An authorisation under this section—
p.000072: (a) is for the period specified in the authorisation;
p.000072: (b) may be revoked by the local authority;
p.000072: (c) does not prevent the local authority from exercising the function to which the authorisation relates.
p.000072:
p.000072: Care Act 2014 (c. 23)
p.000073: 73
p.000073: Part 1 — Care and support
p.000073:
p.000073: (6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in
p.000073: connection with, the exercise or purported exercise of the function to which the authorisation relates is to
p.000073: be treated for all purposes as done or omitted to be done by or in relation to the local authority.
p.000073: (7) But subsection (6) does not apply—
...
p.000073: local authorities and contractors where that is necessary for the exercise of the functions concerned, even
p.000073: if that would otherwise be unlawful) applies to an authorisation under this section as it applies to an
p.000073: authorisation by virtue of an order under section 70(2) of that Act.
p.000073: (9) The Secretary of State may by order—
p.000073: (a) amend subsection (2) so as to add to or remove from the list a provision of this Part;
p.000073: (b) amend subsection (1) so as to add to or remove from the list a provision relating to care and support for adults
p.000073: or support for carers;
p.000073: (c) impose conditions or other restrictions on the exercise of the power under subsection (1), whether by
p.000073: amending this section or otherwise.
p.000073: (10) The provision which may be made in an order under subsection (9) in reliance on section 125(8)
p.000073: (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the
p.000073: rights and obligations of local authorities and persons authorised under this section in light of the provision
p.000073: made by the order.
p.000073: (11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to,
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
p.000073: explained by the provision of this Act specified in the second column.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073: Abuse Accrued costs Adult
p.000073: Expression
p.000073: Provision
p.000073: Section 42(3)
p.000073: Section 15(5)
p.000073: Section 2(8)
p.000073:
p.000073: Adult needing care
p.000073: Authority under the Mental Capacity Act 2005 Best interests
p.000073: Section 10(3)
p.000073: Subsection (3) below
p.000073: Subsection (2) below
p.000073:
p.000074: 74
p.000074: Care Act 2014 (c. 23)
p.000074: Part 1 — Care and support
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Cap on care costs
p.000074: Expression
p.000074: Provision
p.000074: Section 15(4)
p.000074:
p.000074: Capacity, having or lacking Care and support plan Care account
p.000074: Carer (other than in sections 58 to 62) Carer’s assessment
p.000074: Child’s carer’s assessment Child’s needs assessment
p.000074: Daily living costs, amount attributable to Deferred payment agreement
p.000074: Direct payment Eligibility criteria Financial assessment Financial limit Financial year
p.000074: The health service Independent personal budget Local authority
p.000074: Needs assessment Parent
p.000074: Personal budget Registered care provider Support plan
p.000074: Well-being Young carer
p.000074: Young carer’s assessment
p.000074: Subsection (2) below
p.000074: Section 25
p.000074: Section 29
p.000074: Section 10(3)
p.000074: Sections 10(2) and 12(8) and (9)
p.000074: Section 60(2)
p.000074: Section 58(2)
p.000074: Section 15(8)
p.000074: Section 34
p.000074: Sections 31 and 32
p.000074: Section 13
p.000074: Section 17(5)
p.000074: Section 17(10)
...
Social / education
Searching for indicator education:
(return to top)
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
p.000002: 83 Imposition of licence conditions on NHS foundation trusts
p.000002: 84 Trust special administration: appointment of administrator
p.000002: 85 Trust special administration: objective, consultation and reports
p.000002:
p.000002: Care Quality Commission
p.000002: 86 Restriction on applications for variation or removal of conditions
p.000002: 87 Rights of appeal
p.000002: 88 Unitary board
p.000002:
p.000002: Increasing the independence of the Care Quality Commission
p.000002: 89 Chief Inspectors
p.000002: 90 Independence of the Care Quality Commission
p.000002:
p.000002: Performance ratings
p.000002: 91 Reviews and performance assessments
p.000002:
p.000002: False or misleading information
p.000002: 92 Offence
p.000002: 93 Penalties
p.000002: 94 Offences by bodies
p.000002:
p.000002: Regulated activities
p.000002: 95 Training for persons working in regulated activity
p.000002: PART 3 HEALTH CHAPTER 1
p.000002: HEALTH EDUCATION ENGLAND
p.000002:
p.000002: Establishment
p.000002: 96 Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: v
p.000002:
p.000002:
p.000002: National functions
p.000002: 97 Planning education and training for health care workers etc.
p.000002: 98 Ensuring sufficient skilled health care workers for the health service
p.000002: 99 Quality improvement in education and training, etc.
p.000002: 100 Objectives, priorities and outcomes
p.000002: 101 Sections 98 and 100: matters to which HEE must have regard
p.000002: 102 Advice
p.000002:
p.000002: Local functions
p.000002: 103 Local Education and Training Boards
p.000002: 104 LETBs: appointment etc.
p.000002: 105 LETBs: co-operation by providers of health services
p.000002: 106 Education and training plans
p.000002: 107 Commissioning education and training
p.000002:
p.000002:
p.000002:
p.000002: 108 Tariffs
p.000002: Tariffs
p.000002:
p.000002:
p.000002: CHAPTER 2
p.000002: HEALTH RESEARCH AUTHORITY
p.000002:
p.000002: Establishment
p.000002: 109 The Health Research Authority
p.000002:
p.000002: General functions
p.000002: 110 The HRA’s functions
p.000002:
p.000002: Regulatory practice
p.000002: 111 Co-ordinating and promoting regulatory practice etc.
p.000002:
p.000002: Research ethics committees
p.000002: 112 The HRA’s policy on research ethics committees
p.000002: 113 Approval of research
p.000002: 114 Recognition by the HRA
p.000002: 115 Establishment by the HRA
p.000002: 116 Membership of the United Kingdom Ethics Committee Authority
p.000002:
p.000002: Patient information
p.000002: 117 Approval for processing confidential patient information
p.000002:
p.000002: vi
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002: CHAPTER 3
p.000002: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000002:
p.000002: Miscellaneous
p.000002: 118 Transfer orders
p.000002:
p.000002: General
p.000002: 119 Chapters 1 and 2: interpretation and supplementary provision
p.000002: CHAPTER 4
p.000002: TRUST SPECIAL ADMINISTRATION
p.000002: 120 Powers of administrator etc.
p.000002:
p.000002: PART 4
p.000002: HEALTH AND SOCIAL CARE
p.000002:
p.000002: Integration fund
p.000002: 121 Integration of care and support with health services etc: integration fund
p.000002:
p.000002: Information
p.000002: 122 The Health and Social Care Information Centre: restrictions on dissemination of information
p.000002:
p.000002: PART 5
p.000002: GENERAL
p.000002: 123 Power to make consequential provision
p.000002: 124 Power to make transitional etc. provision
p.000002: 125 Regulations and orders
p.000002: 126 General interpretation
p.000002: 127 Commencement
p.000002: 128 Extent and application
p.000002: 129 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — Cross-border placements Schedule 2 — Safeguarding Adults Boards
p.000002: Schedule 3 — Discharge of hospital patients with care and support needs Schedule 4 — Direct payments: after-care under
p.000002: the Mental Health Act 1983
p.000002: Part 1 — After-care under the Mental Health Act 1983: direct payments Part 2 — Provision to be inserted in Social
p.000002: Services and Well-Being
p.000002: (Wales) Act 2014
p.000002: Schedule 5 — Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: vii
p.000002:
p.000002:
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments Schedule 6 — Local Education and Training Boards Schedule 7 — The Health Research
p.000002: Authority
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments
p.000002: Schedule 8 — Research ethics committees: amendments
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 23
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Care Act 2014
p.000002: 2014 CHAPTER 23
p.000002:
p.000002: An Act to make provision to reform the law relating to care and support for adults and the law relating to
p.000002: support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision
p.000002: about care standards; to establish and make provision about Health Education England; to establish and make provision
p.000002: about the Health Research Authority; to make provision about integrating care and support with health services;
p.000002: and for connected purposes. [14th May 2014]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002:
p.000002: PART 1
p.000002: CARE AND SUPPORT
p.000002:
p.000002: General responsibilities of local authorities
p.000002:
p.000002: 1 Promoting individual well-being
p.000002: (1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is
p.000002: to promote that individual’s well-being.
p.000002: (2) “Well-being”, in relation to an individual, means that individual’s well-being so far as relating to any of the
p.000002: following—
p.000002: (a) personal dignity (including treatment of the individual with respect);
p.000002: (b) physical and mental health and emotional well-being;
p.000002: (c) protection from abuse and neglect;
p.000002: (d) control by the individual over day-to-day life (including over care and support, or support, provided to the
p.000002: individual and the way in which it is provided);
p.000002:
p.000002: 2
p.000002: Care Act 2014 (c. 23)
p.000002: Part 1 — Care and support
p.000002:
p.000002: (e) participation in work, education, training or recreation;
p.000002: (f) social and economic well-being;
p.000002: (g) domestic, family and personal relationships;
p.000002: (h) suitability of living accommodation;
p.000002: (i) the individual’s contribution to society.
p.000002: (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the
p.000002: following matters in particular—
p.000002: (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual’s
p.000002: well-being;
p.000002: (b) the individual’s views, wishes, feelings and beliefs;
p.000002: (c) the importance of preventing or delaying the development of needs for care and support or needs for support and
p.000002: the importance of reducing needs of either kind that already exist;
p.000002: (d) the need to ensure that decisions about the individual are made having regard to all the individual’s
p.000002: circumstances (and are not based only on the individual’s age or appearance or any condition of the individual’s or
p.000002: aspect of the individual’s behaviour which might lead others to make unjustified assumptions about the
p.000002: individual’s well-being);
p.000002: (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the
p.000002: function concerned and being provided with the information and support necessary to enable the individual to
p.000002: participate;
p.000002: (f) the importance of achieving a balance between the individual’s well- being and that of any friends or relatives
p.000002: who are involved in caring for the individual;
...
p.000005: and
p.000005: (b) references in this section to a local authority’s area are to be read as references to the combined area.
p.000005:
p.000005: 5 Promoting diversity and quality in provision of services
p.000005: (1) A local authority must promote the efficient and effective operation of a market in services for meeting care
p.000005: and support needs with a view to ensuring that any person in its area wishing to access services in the market—
p.000005: (a) has a variety of providers to choose from who (taken together) provide a variety of services;
p.000005: (b) has a variety of high quality services to choose from;
p.000005: (c) has sufficient information to make an informed decision about how to meet the needs in question.
p.000005: (2) In performing that duty, a local authority must have regard to the following matters in particular—
p.000005: (a) the need to ensure that the authority has, and makes available, information about the providers of
p.000005: services for meeting care and support needs and the types of services they provide;
p.000005: (b) the need to ensure that it is aware of current and likely future demand for such services and to consider
p.000005: how providers might meet that demand;
p.000005: (c) the importance of enabling adults with needs for care and support, and carers with needs for support, who wish
p.000005: to do so to participate in work, education or training;
p.000005: (d) the importance of ensuring the sustainability of the market (in circumstances where it
p.000005: is operating effectively as well as in circumstances where it is not);
p.000005: (e) the importance of fostering continuous improvement in the quality of such services and the efficiency and
p.000005: effectiveness with which such services are provided and of encouraging innovation in their provision;
p.000005: (f) the importance of fostering a workforce whose members are able to ensure the delivery of high quality
p.000005: services (because, for example, they have relevant skills and appropriate working conditions).
p.000005:
p.000006: 6
p.000006: Care Act 2014 (c. 23)
p.000006: Part 1 — Care and support
p.000006:
p.000006: (3) In having regard to the matters mentioned in subsection (2)(b), a local authority must also have
p.000006: regard to the need to ensure that sufficient services are available for meeting the needs for care and support of
p.000006: adults in its area and the needs for support of carers in its area.
p.000006: (4) In arranging for the provision by persons other than it of services for meeting care and support needs, a local
p.000006: authority must have regard to the importance of promoting the well-being of adults in its area with needs
p.000006: for care and support and the well-being of carers in its area.
p.000006: (5) In meeting an adult’s needs for care and support or a carer’s needs for support, a local authority must have
p.000006: regard to its duty under subsection (1).
...
p.000009: (a) whether the carer does have needs for support (or is likely to do so in the future), and
p.000009: (b) if the carer does, what those needs are (or are likely to be in the future).
p.000009:
p.000010: 10
p.000010: Care Act 2014 (c. 23)
p.000010: Part 1 — Care and support
p.000010:
p.000010: (2) An assessment under subsection (1) is referred to in this Part as a “carer’s assessment”.
p.000010: (3) “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but
p.000010: see subsections (9) and (10).
p.000010: (4) The duty to carry out a carer’s assessment applies regardless of the authority’s view of—
p.000010: (a) the level of the carer’s needs for support, or
p.000010: (b) the level of the carer’s financial resources or of those of the adult needing care.
p.000010: (5) A carer’s assessment must include an assessment of—
p.000010: (a) whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care,
p.000010: (b) whether the carer is willing, and is likely to continue to be willing, to do so,
p.000010: (c) the impact of the carer’s needs for support on the matters specified in section 1(2),
p.000010: (d) the outcomes that the carer wishes to achieve in day-to-day life, and
p.000010: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000010: those outcomes.
p.000010: (6) A local authority, in carrying out a carer’s assessment, must have regard to—
p.000010: (a) whether the carer works or wishes to do so, and
p.000010: (b) whether the carer is participating in or wishes to participate in education, training or recreation.
p.000010: (7) A local authority, in carrying out a carer’s assessment, must involve—
p.000010: (a) the carer, and
p.000010: (b) any person whom the carer asks the authority to involve.
p.000010: (8) When carrying out a carer’s assessment, a local authority must also consider—
p.000010: (a) whether, and if so to what extent, matters other than the provision of support could contribute to the
p.000010: achievement of the outcomes that the carer wishes to achieve in day-to-day life, and
p.000010: (b) whether the carer would benefit from the provision of anything under section 2 or 4 or of anything
p.000010: which might be available in the community.
p.000010: (9) An adult is not to be regarded as a carer if the adult provides or intends to provide care—
p.000010: (a) under or by virtue of a contract, or
p.000010: (b) as voluntary work.
p.000010: (10) But in a case where the local authority considers that the relationship between the adult needing care and the
p.000010: adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a
p.000010: carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).
p.000010: (11) The references in this section to providing care include a reference to providing practical or emotional
p.000010: support.
p.000010: (12) This section is subject to section 11(5) to (7) (refusal by carer of assessment).
p.000010:
p.000010: Care Act 2014 (c. 23)
p.000011: 11
p.000011: Part 1 — Care and support
p.000011:
p.000011: 11 Refusal of assessment
...
p.000052: the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).
p.000052: (10) The references to providing care include a reference to providing practical or emotional support.
p.000052:
p.000052: 61 Child’s carer’s assessment: requirements etc.
p.000052: (1) A child’s carer’s assessment must include an assessment of—
p.000052: (a) whether the carer is able to provide care for the child and is likely to continue to be able to do so after the
p.000052: child becomes 18,
p.000052: (b) whether the carer is willing to do so and is likely to continue to be willing to do so after the
p.000052: child becomes 18,
p.000052: (c) the impact on the matters specified in section 1(2) of what the carer’s needs for support are likely to be after
p.000052: the child becomes 18,
p.000052: (d) the outcomes that the carer wishes to achieve in day-to-day life, and
p.000052: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000052: those outcomes.
p.000052: (2) A local authority, in carrying out a child’s carer’s assessment, must have regard to—
p.000052: (a) whether the carer works or wishes to do so, and
p.000052: (b) whether the carer is participating in or wishes to participate in education, training or recreation.
p.000052: (3) A local authority, in carrying out a child’s carer’s assessment, must involve—
p.000052: (a) the carer, and
p.000052: (b) any person whom the carer asks the local authority to involve.
p.000052: (4) When carrying out a child’s carer’s assessment, a local authority must also consider whether, and if
p.000052: so to what extent, matters other than the provision of
p.000052:
p.000052: Care Act 2014 (c. 23)
p.000053: 53
p.000053: Part 1 — Care and support
p.000053:
p.000053: support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day
p.000053: life.
p.000053: (5) Having carried out a child’s carer’s assessment, a local authority must give the carer—
p.000053: (a) an indication as to whether any of the needs for support which it thinks the carer is likely to have after the
p.000053: child becomes 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000053: (b) advice and information about—
p.000053: (i) what can be done to meet or reduce the needs which it thinks the carer is likely to have after the child becomes
p.000053: 18;
p.000053: (ii) what can be done to prevent or delay the development by the carer of needs for support in the future.
...
p.000054: 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded
p.000054: as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in
p.000054: that case).
p.000054: (9) The references to providing care include a reference to providing practical or emotional support.
p.000054:
p.000054: 64 Young carer’s assessment: requirements etc.
p.000054: (1) A young carer’s assessment must include an assessment of—
p.000054: (a) whether the young carer is able to provide care for the person in question and is likely to continue
p.000054: to be able to do so after becoming 18,
p.000054: (b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
p.000054: (c) the impact on the matters specified in section 1(2) of what the young carer’s needs for support are likely to be
p.000054: after the young carer becomes 18,
p.000054: (d) the outcomes that the young carer wishes to achieve in day-to-day life, and
p.000054: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000054: those outcomes.
p.000054:
p.000054: Care Act 2014 (c. 23)
p.000055: 55
p.000055: Part 1 — Care and support
p.000055:
p.000055: (2) A local authority, in carrying out a young carer’s assessment, must have regard to—
p.000055: (a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after
p.000055: becoming 18),
p.000055: (b) the extent to which the young carer is participating in or wishes to participate in education,
p.000055: training or recreation (or is likely to wish to do so after becoming 18).
p.000055: (3) A local authority, in carrying out a young carer’s assessment, must involve—
p.000055: (a) the young carer,
p.000055: (b) the young carer’s parents, and
p.000055: (c) any person whom the young carer or a parent of the young carer requests the authority to involve.
p.000055: (4) When carrying out a young carer’s assessment, a local authority must also consider whether, and if so
p.000055: to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that
p.000055: the young carer wishes to achieve in day-to-day life.
p.000055: (5) Having carried out a young carer’s assessment, a local authority must give the young carer—
p.000055: (a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000055: (b) advice and information about—
p.000055: (i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18;
p.000055: (ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
p.000055: (6) But in a case where the young carer is not competent or lacks capacity to understand the things
...
p.000085: is required under an enactment or other legal obligation, and
p.000085: (c) the information is false or misleading in a material respect.
p.000085: (2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
p.000086: provision of that information by that provider does not also constitute an offence under section 64 of the Health and
p.000086: Social Care Act 2008 (failure to comply with request to provide information).
p.000086:
p.000086: 93 Penalties
p.000086: (1) A person who is guilty of an offence under section 92 is liable—
p.000086: (a) on summary conviction, to a fine;
...
p.000087: apply as they apply in relation to a body corporate.
p.000087: (6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1)
p.000087: is to be paid out of the funds of the association.
p.000087: (7) Subsection (8) applies if an offence under section 92(1) is proved—
p.000087: (a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of
p.000087: its governing body, or
p.000087: (b) to be attributable to neglect on the part of such an officer or member.
p.000087: (8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against
p.000087: accordingly (but section 93(2) does not apply).
p.000087:
p.000087: Regulated activities
p.000087:
p.000087: 95 Training for persons working in regulated activity
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
p.000088: HEALTH EDUCATION ENGLAND
p.000088:
p.000088: Establishment
p.000088:
p.000088: 96 Health Education England
p.000088: (1) There is to be a body corporate called Health Education England (referred to in this Act as “HEE”).
p.000088: (2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of its functions and its financial
p.000088: and reporting duties) has effect.
p.000088: (3) The Special Health Authority called Health Education England is abolished; and, in consequence of that, the
p.000088: following are revoked—
p.000088: (a) the Health Education England (Establishment and Constitution) Order 2012 (S.I. 2012/1273), and
p.000088: (b) the Health Education England Regulations (S.I. 2012/1290).
p.000088: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
p.000088: Special Health Authority to HEE; for further provision about an order under this section, see section 118.
p.000088:
p.000088: National functions
p.000088:
p.000088: 97 Planning education and training for health care workers etc.
p.000088: (1) HEE must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health
p.000088: Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the
p.000088: functions of the Secretary of State under—
p.000088: (a) section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital
p.000088: authorities etc.),
p.000088: (b) section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and
p.000088: (c) such other of the enactments listed in section 1F(3) of that Act as regulations may specify.
p.000088: (2) Regulations may—
p.000088: (a) provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other
p.000088: functions of the Secretary of State as are specified; and
p.000088: (b) impose on HEE a duty to perform the duty as it applies as a result of provision made under paragraph (a).
p.000088: (3) Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only
p.000088: be performed, or may not be performed, in relation to persons of a specified description.
p.000088:
p.000088: Care Act 2014 (c. 23)
p.000089: 89
p.000089: Part 3 — Health
p.000089: Chapter 1 — Health Education England
p.000089:
p.000089: (4) In each of the following provisions of the National Health Service Act 2006, after “the Secretary of State”
p.000089: insert “and Health Education England”—
p.000089: (a) section 1F(2) (duty on providers of health services to support system of education and training for health care
p.000089: workers);
p.000089: (b) section 13M (duty on National Health Service Commissioning Board to support that system);
p.000089: (c) section 14Z (duty on clinical commissioning groups to support that system).
p.000089: (5) Regulations may give HEE further functions relating to education and training for health care workers.
p.000089: (6) HEE may, with the consent of the Secretary of State, carry out other activities relating to—
p.000089: (a) education and training for health care workers;
p.000089: (b) the provision of information and advice on careers in the health service.
p.000089: (7) After section 63(6) of the Health Services and Public Health Act 1968 insert— “(6A) The Secretary of State
p.000089: may make such other payments as the Secretary
p.000089: of State considers appropriate to persons availing themselves of such
p.000089: instruction in England.
p.000089: (6B) The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and
p.000089: conditions as the Secretary of State decides; and the Secretary of State’s power to make such a payment includes
p.000089: power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of
p.000089: State decides.”
p.000089: (8) The power of the Secretary of State under section 63(6) or (6A) of the Health Services and Public Health Act
p.000089: 1968 is exercisable concurrently with HEE; but, in exercising the power, HEE must have regard to any guidance
p.000089: or other information issued by the Secretary of State about its exercise.
p.000089: (9) “Health care workers” means persons in relation to whom HEE’s duty under section 1F(1) of the National Health
p.000089: Service Act 2006 is to be performed.
p.000089:
p.000089: 98 Ensuring sufficient skilled health care workers for the health service
p.000089: (1) HEE must exercise its functions with a view to ensuring that a sufficient number of persons with the
p.000089: skills and training to work as health care workers for the purposes of the health service is available to do so
p.000089: throughout England.
p.000089: (2) Regulations may provide that the duty under subsection (1) may only be performed, or may not be
p.000089: performed, in relation to persons of a specified description.
p.000089:
p.000089: 99 Quality improvement in education and training, etc.
p.000089: (1) HEE must exercise its functions with a view to securing continuous improvement—
p.000089: (a) in the quality of education and training provided for health care workers;
p.000089: (b) in the quality of health services.
p.000089: (2) HEE must, in exercising its functions, promote—
p.000089:
p.000090: 90
p.000090: Care Act 2014 (c. 23)
p.000090: Part 3 — Health
p.000090: Chapter 1 — Health Education England
p.000090:
p.000090: (a) research into matters relating to such of the activities listed in section 63(2) of the Health Services and
p.000090: Public Health Act 1968 (social care services, primary care services and other health services) as are relevant to
p.000090: HEE’s functions, and
p.000090: (b) the use in those activities of evidence obtained from the research.
p.000090: (3) In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution when exercising
p.000090: health service functions), after paragraph (g) insert—
p.000090: “(h) Health Education England.”
p.000090: (4) HEE must exercise its functions with a view to securing that education and training for health care workers is
p.000090: provided in a way which promotes the NHS Constitution.
p.000090: (5) “Health services” means health services provided as part of the health service.
p.000090: (6) “NHS Constitution” has the meaning given by section 1(1) of the Health Act 2009.
p.000090:
p.000090: 100 Objectives, priorities and outcomes
p.000090: (1) The Secretary of State must publish before the start of each financial year a document which specifies the
p.000090: objectives and priorities that the Secretary of State has set for HEE for that year in relation to the education
p.000090: and training to be provided for health care workers.
p.000090: (2) The Secretary of State must also publish at intervals of not more than three years a document (called the
p.000090: “Education Outcomes Framework”) which specifies the outcomes that the Secretary of State has set for HEE to achieve
p.000090: having regard to those objectives and priorities.
p.000090: (3) The Secretary of State—
p.000090: (a) may revise a document published under subsection (1) or (2), and
p.000090: (b) if the Secretary of State does so, must publish it as revised.
p.000090: (4) HEE must publish a document which—
p.000090: (a) specifies the objectives and priorities that it has set, for the period specified in the document,
p.000090: for the planning and delivery of education and training to health care workers,
p.000090: (b) specifies the outcomes that HEE expects to achieve in that respect during that period having regard to
p.000090: those objectives and priorities, and
p.000090: (c) includes, or refers to a document which includes, guidance for LETBs (see section 103) on the exercise of the
p.000090: function under section 107(1).
p.000090: (5) In performing the duty under subsection (4), HEE must have regard, in particular, to its objectives
p.000090: in the longer term in relation to the planning and delivery of education and training to health care workers.
p.000090: (6) HEE must ensure that the objectives, priorities and outcomes specified for the purposes of subsection (4)(a) and
p.000090: (b) are consistent with those specified for the purposes of subsections (1) and (2).
p.000090: (7) A document under subsection (4) may specify different periods in relation to different categories of health care
p.000090: worker.
p.000090:
p.000090: Care Act 2014 (c. 23)
p.000091: 91
p.000091: Part 3 — Health
p.000091: Chapter 1 — Health Education England
p.000091:
p.000091: (8) HEE must, before the end of 12 months beginning with the date on which a document under subsection (4) is
p.000091: published—
p.000091: (a) review the document, and,
p.000091: (b) if HEE revises it, publish it as revised.
p.000091: (9) HEE may perform the duty under subsection (4) by publishing two or more documents which, taken together, comply
p.000091: with that subsection.
p.000091: (10) HEE must seek to achieve the objectives and outcomes and to reflect the priorities specified in any
p.000091: document—
p.000091: (a) published by the Secretary of State under subsection (1), (2) or (3);
p.000091: (b) published by HEE under subsection (4) or (8).
p.000091:
p.000091: 101 Sections 98 and 100: matters to which HEE must have regard
p.000091: (1) In performing the duty under section 98(1) (ensuring sufficient skilled workers for the health service) or
p.000091: the duty under section 100(4) (setting objectives, priorities and outcomes for education and training), HEE must
p.000091: have regard to the following matters in particular—
p.000091: (a) the likely future demand for health services and for persons with the skills and training to work as health care
p.000091: workers for the purposes of the health service,
p.000091: (b) the sustainability of the supply of persons with the skills and training to work as such,
p.000091: (c) the priorities that providers of health services have for the education and training of persons wishing to work
p.000091: as such,
p.000091: (d) the mandate published under section 13A of the National Health Service Act 2006,
p.000091: (e) the objectives of the Secretary of State in exercising public health functions (as defined by section
p.000091: 1H of that Act),
p.000091: (f) the priorities that the National Health Service Commissioning Board has for the provision of health services,
p.000091: (g) documents published by the Secretary of State under section 100(1), (2) or (3),
p.000091: (h) the desirability of promoting the integration of health provision with health-related provision and care and
p.000091: support provision,
p.000091: (i) the desirability of enabling health care workers to switch between different posts relating to health
p.000091: provision, health-related provision or care and support provision, and
p.000091: (j) such other matters as regulations may specify.
p.000091: (2) In subsection (1), “health provision”, “health-related provision” and “care and support provision” each have the
p.000091: same meaning as in section 3.
p.000091:
p.000091: 102 Advice
p.000091: (1) HEE must make arrangements for obtaining advice on the exercise of its functions from persons who
p.000091: are involved in, or who HEE thinks otherwise have an interest in, the provision of education and
p.000091: training for health care workers.
p.000091: (2) HEE must seek to ensure that it receives representations from the following, in particular, under the
p.000091: arrangements it makes under subsection (1)—
p.000091: (a) persons who provide health services;
p.000091:
p.000092: 92
p.000092: Care Act 2014 (c. 23)
p.000092: Part 3 — Health
p.000092: Chapter 1 — Health Education England
p.000092:
p.000092: (b) persons to whom health services are provided;
p.000092: (c) carers for persons to whom health services are provided;
p.000092: (d) health care workers;
p.000092: (e) bodies which regulate health care workers;
p.000092: (f) persons who provide, or contribute to the provision of, education and training for health care workers.
p.000092: (3) HEE may perform a duty under subsection (2) by seeking to ensure that it receives representations
p.000092: from organisations which represent the persons referred to in the paragraph in question.
p.000092: (4) HEE must advise the Secretary of State on such matters relating to its functions as the Secretary of State may
p.000092: request; and a request under this subsection may specify how and when the advice is to be provided.
p.000092: (5) “Carer” means an adult who provides or intends to provide care for another person.
p.000092:
p.000092: Local functions
p.000092:
p.000092: 103 Local Education and Training Boards
p.000092: (1) HEE must, in exercise of the power under paragraph 9 of Schedule 5, appoint committees for areas in England,
p.000092: each of which is to be called a Local Education and Training Board (referred to in this Chapter as an “LETB”).
p.000092: (2) The main function of an LETB is to exercise on HEE’s behalf its functions under sections 97(1) and 98(1)
p.000092: (planning and delivering education for health care workers and ensuring sufficient skilled health care
p.000092: workers in the health service), so far as they are exercisable in or in relation to the LETB’s area.
p.000092: (3) In carrying out its main function, an LETB must represent the interests of all the persons who provide
p.000092: health services in the area for which the LETB is appointed.
p.000092: (4) Subsections (1), (2) and (4) of section 99 (quality improvement in education and training etc.) apply to an LETB
p.000092: in the exercise of its functions as they apply to HEE in the exercise of its functions.
p.000092: (5) An LETB may co-operate with another LETB in the exercise of functions; and two or more LETBs may exercise
p.000092: functions jointly.
p.000092: (6) HEE may attend any meeting held by an LETB about a matter of concern to HEE.
p.000092:
p.000092: 104 LETBs: appointment etc.
p.000092: (1) Where, on an application under this section, HEE is satisfied that the applicants meet the criteria that HEE has
p.000092: set for the purpose (the “appointment criteria”), HEE must appoint the applicants as members of an LETB for such area
p.000092: as HEE considers appropriate.
p.000092: (2) Where, on an application under this section, HEE is satisfied that the applicants meet some (but not all) of the
p.000092: appointment criteria, it may nonetheless appoint the applicants as the members of an LETB for such area and subject to
p.000092: such conditions as HEE considers appropriate.
p.000092:
p.000092: Care Act 2014 (c. 23)
p.000093: 93
p.000093: Part 3 — Health
p.000093: Chapter 1 — Health Education England
p.000093:
p.000093: (3) The members of an LETB must include—
p.000093: (a) persons who provide health services in the area for which the LETB is appointed,
p.000093: (b) persons who have clinical expertise of a description specified in regulations, and
p.000093: (c) a person who will represent the interests of patients.
p.000093: (4) Regulations under paragraph (b) of subsection (3) may require a specified number of members to have
p.000093: the expertise mentioned in that paragraph.
p.000093: (5) The following persons are also eligible to be appointed as members of an LETB—
p.000093: (a) persons who, in the area for which the LETB is appointed, provide education or training for health
p.000093: care workers or for persons wishing to work as health care workers, and
p.000093: (b) persons of such other description as HEE may decide.
p.000093: (6) A member of HEE is not eligible for membership of an LETB.
p.000093: (7) The appointment criteria must include criteria designed to ensure that a majority of the members of an
p.000093: LETB are persons who provide health services in the area for which the LETB in question is appointed.
p.000093: (8) If HEE is unable (for reasons beyond its control) to comply with any requirement imposed by this
p.000093: section or regulations under this section to appoint persons of a particular description as members of an LETB,
p.000093: HEE may instead appoint employees of HEE (other than members of HEE).
p.000093: (9) On appointing an LETB, HEE must appoint the chair of the LETB; but it may not appoint as chair a person who—
p.000093: (a) provides health services in the area for which the LETB is appointed, or
p.000093: (b) in the area for which the LETB is appointed, provides education or training for health care
p.000093: workers or for persons wishing to work as health care workers.
p.000093: (10) HEE must notify applicants under subsection (1) or (2) of the decision on the application and—
p.000093: (a) in the case of an approval of such an application, the area for which the LETB is appointed and the appointment
p.000093: under subsection (9);
p.000093: (b) in the case of a rejection, the reasons for the rejection.
p.000093: (11) HEE, having complied with subsection (10), must publish—
p.000093: (a) the decision, and
p.000093: (b) in the case of a rejection, the reasons for the rejection.
p.000093: (12) The conditions on which a person is appointed as a member of an LETB must include a condition not to use
p.000093: information obtained in the capacity as such otherwise than for the purposes of the LETB.
p.000093: (13) Regulations may make further provision about—
p.000093: (a) the membership of an LETB;
p.000093: (b) the removal by HEE of members of an LETB;
p.000093: (c) the suspension by HEE of members of an LETB.
p.000093: (14) Schedule 6 (which includes provision about the area of an LETB, the appointment criteria
p.000093: and the exercise of an LETB’s functions) has effect.
p.000093:
p.000094: 94
p.000094: Care Act 2014 (c. 23)
p.000094: Part 3 — Health
p.000094: Chapter 1 — Health Education England
p.000094:
p.000094: 105 LETBs: co-operation by providers of health services
p.000094: (1) Regulations must require specified commissioners of health services to include in the arrangements under the
p.000094: National Health Service Act 2006 for the provision of such services terms to ensure that a provider of such
p.000094: services—
p.000094: (a) co-operates with the LETB for each area in which it provides such services, in such manner and to
p.000094: such extent as the LETB in question may request, in planning the provision of, and in providing, education and training
p.000094: for health care workers;
p.000094: (b) provides the LETB in question with such information as it may request;
p.000094: (c) complies with such other obligations relating to education and training for health care workers as may be
p.000094: specified.
p.000094: (2) Duties imposed by regulations under subsection (1) on commissioners of health services are in addition
p.000094: to the duty imposed on such persons by section 1F(2) of the National Health Service Act 2006 (duty to secure
p.000094: that persons providing health services co-operate with the Secretary of State in the discharge of the
p.000094: duty as to education and training).
p.000094: (3) Regulations may specify factors to which an LETB must, when proposing to make a request of the type mentioned in
p.000094: subsection (1)(a) or (b), have regard in considering the reasonableness of making the request.
p.000094: (4) A reference to a commissioner of health services is a reference to—
p.000094: (a) the National Health Service Commissioning Board,
p.000094: (b) a clinical commissioning group, or
p.000094: (c) such other person as arranges for the provision of such services.
p.000094:
p.000094: 106 Education and training plans
p.000094: (1) An LETB must publish for each financial year a document (called an “education and training
p.000094: plan”) specifying how it proposes to exercise its main function (see section 103(2)).
p.000094: (2) The education and training plan of an LETB must specify how the LETB proposes to—
p.000094: (a) achieve the objectives and reflect the priorities set by the Secretary of State for the purposes of section
p.000094: 100(1),
p.000094: (b) achieve the objectives and reflect the priorities set by HEE for the purposes of section 100(4)(a),
p.000094: (c) achieve the outcomes set by the Secretary of State for the purposes of section 100(2), and
p.000094: (d) achieve the outcomes set by HEE for the purposes of section 100(4)(b).
p.000094: (3) In preparing its education and training plan, an LETB must have regard to—
p.000094: (a) the priorities that the providers of health services whom the LETB represents have in relation to the
p.000094: provision in the LETB’s area of health services and of education and training for health care workers or
p.000094: persons wishing to become health care workers,
p.000094: (b) the priorities that commissioners of health services in the LETB’s area have in relation to those matters,
p.000094: (c) any assessment of relevant needs relating to the LETB’s area prepared under section 116 of the Local Government
p.000094: and Public Involvement in Health Act 2007,
p.000094:
p.000094: Care Act 2014 (c. 23)
p.000095: 95
p.000095: Part 3 — Health
p.000095: Chapter 1 — Health Education England
p.000095:
p.000095: (d) any joint health and wellbeing strategy relating to the LETB’s area prepared under section 116A of
p.000095: that Act, and
p.000095: (e) the LETB’s objectives in the longer term in relation to the exercise of the LETB’s main function.
p.000095: (4) In preparing its education and training plan, an LETB must involve—
p.000095: (a) the providers of health services whom the LETB represents,
p.000095: (b) the commissioners of health services in the LETB’s area,
p.000095: (c) the Health and Wellbeing Board for that area,
p.000095: (d) such persons as HEE may direct the LETB to involve, and
p.000095: (e) such other persons as the LETB considers appropriate.
p.000095: (5) Before publishing its education and training plan (or an amended education and training plan), an LETB must
p.000095: obtain approval of the plan (or the amended plan) from HEE.
p.000095: (6) Before giving an approval under subsection (5), HEE may direct the LETB concerned to amend the
p.000095: education and training plan (or the amended education and training plan) as HEE specifies.
p.000095: (7) But, in the case of an LETB which meets all the appointment criteria, the only amendments which HEE may direct
p.000095: to be made under subsection (6) are those HEE considers necessary in order to ensure that the LETB achieves
p.000095: the outcomes set by HEE for the purposes of section 100(4)(b).
p.000095: (8) Where HEE exercises the power under subsection (6), it must publish—
p.000095: (a) the amendments in question, and
p.000095: (b) its reasons for directing them to be made.
p.000095: (9) HEE may give LETBs directions about—
p.000095: (a) what to include in their education and training plans;
p.000095: (b) how to present them.
p.000095: (10) An LETB may perform the duty under subsection (1) by preparing two or more documents which, taken together,
p.000095: specify how it proposes to exercise its main function.
p.000095:
p.000095: 107 Commissioning education and training
p.000095: (1) Each LETB must for each financial year arrange for the provision of education and training in accordance with
p.000095: its education and training plan for that year.
p.000095: (2) Where HEE considers that it would be better for the arrangements for the provision of certain
p.000095: education and training to be made on a national basis, it—
p.000095: (a) may arrange for the provision of that education and training accordingly, or
p.000095: (b) may direct one or more LETBs to do so on its behalf.
p.000095: (3) Before exercising a power under subsection (2), HEE must involve LETBs in making its decision.
p.000095: (4) HEE must for each financial year allocate to each LETB the amount that HEE considers appropriate to enable the
p.000095: LETB to comply with this section.
p.000095: (5) In doing so, HEE must take into account any duty to which the LETB is subject under section 108(9)
p.000095: (requirement to make payments by reference to an approved tariff price or a price varied under a specified
p.000095: procedure).
p.000095:
p.000096: 96
p.000096: Care Act 2014 (c. 23)
p.000096: Part 3 — Health
p.000096: Chapter 1 — Health Education England
p.000096:
p.000096: (6) An LETB may arrange for another person to help it to exercise the function under subsection (1) or (where it is
p.000096: directed to do so under subsection (2)(b)) the function under subsection (2)(a) (and such functions as are exercisable
p.000096: for the purposes of or in connection with the exercise of the function concerned).
p.000096: (7) Each LETB—
p.000096: (a) must keep under review the quality of the education and training the provision of which it arranges, and
p.000096: (b) must report its findings to such persons as it considers may be interested by them.
p.000096: (8) An LETB must produce such reports on the exercise of the function under subsection (1) (including
p.000096: on the quality of the education and training the provision of which it arranges) as HEE may require.
p.000096:
p.000096: Tariffs
p.000096:
p.000096: 108 Tariffs
p.000096: (1) The Secretary of State may specify a tariff setting approved prices in respect of education and training.
p.000096: (2) The approved prices may be different for different descriptions of education and training (and may in particular
p.000096: be different for different areas).
p.000096: (3) A tariff specified under subsection (1) must be published.
p.000096: (4) If a tariff is specified under subsection (1), the Secretary of State may also specify a
p.000096: procedure for varying the approved prices in particular cases or descriptions of cases.
p.000096: (5) If the Secretary of State does so, the procedure—
p.000096: (a) must be published, and
p.000096: (b) must require a price as varied under the procedure to be published.
p.000096: (6) A published tariff or variation procedure may be revised or revoked by the Secretary of State.
p.000096: (7) If a tariff or variation procedure is revised, the Secretary of State must publish it as revised.
p.000096: (8) If it is revoked, the Secretary of State must publish a statement to that effect.
p.000096: (9) Where a tariff sets an approved price for a particular description of education or training, payments made by an
p.000096: LETB or HEE in respect of the provision of that description of education or training must be made—
p.000096: (a) by reference to the approved price, or
p.000096: (b) where the approved price has been varied in accordance with a variation procedure that has effect in
p.000096: relation to it, by reference to the price as varied.
p.000096:
p.000096: Care Act 2014 (c. 23)
p.000097: 97
p.000097: Part 3 — Health
p.000097: Chapter 2 — Health Research Authority
p.000097:
p.000097: CHAPTER 2
p.000097: HEALTH RESEARCH AUTHORITY
p.000097:
p.000097: Establishment
p.000097:
p.000097: 109 The Health Research Authority
p.000097: (1) There is to be a body corporate called the Health Research Authority (referred to in this Act as “the HRA”).
p.000097: (2) Schedule 7 (which includes provision about the HRA’s constitution, the exercise of its functions and
p.000097: its financial and reporting duties) has effect.
p.000097: (3) The Special Health Authority called the Health Research Authority is abolished; and, in
p.000097: consequence of that, the following are revoked—
p.000097: (a) the Health Research Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2323), and
p.000097: (b) the Health Research Authority Regulations 2011 (S.I. 2011/2341).
p.000097: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
...
p.000102: paragraph (1)(a).”
p.000102: (5) In regulation 6 (registration requirements in relation to information), in paragraph (1)—
p.000102: (a) before “the Secretary of State” insert “the Health Research Authority or”, and
p.000102:
p.000102: Care Act 2014 (c. 23) Part 3 — Health
p.000102: Chapter 2 — Health Research Authority
p.000103: 103
p.000103:
p.000103: (b) before “he” insert “it or”.
p.000103: (6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “the Health Research Authority or
p.000103: (as the case may be)”.
p.000103: (7) In paragraph (3) of that regulation, for the words from the beginning to “in the register” substitute “The
p.000103: Health Research Authority shall retain the particulars of each entry it records in the register, and the Secretary of
p.000103: State shall retain the particulars of each entry he records in the register,”.
p.000103: (8) For paragraph (4) of that regulation substitute—
p.000103: “(4) The Health Research Authority shall, in such manner and to such extent as it considers
p.000103: appropriate, publish entries it records in the register; and the Secretary of State shall, in such manner and to
p.000103: such extent as he considers appropriate, publish entries he records in the register.”
p.000103:
p.000103: CHAPTER 3
p.000103: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000103:
p.000103: Miscellaneous
p.000103:
p.000103: 118 Transfer orders
p.000103: (1) An order under section 96 (establishment of Health Education England) or section 109 (establishment
p.000103: of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to
p.000103: an individual’s contract of employment.
p.000103: (2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer
p.000103: of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000103: (3) A transfer order may provide for the transfer of property, rights or liabilities—
p.000103: (a) whether or not they would otherwise be capable of being transferred;
p.000103: (b) irrespective of any requirement for consent that would otherwise apply.
p.000103: (4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities
p.000103: transferred.
p.000103: (5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in
p.000103: connection with anything transferred to be—
p.000103: (a) treated as done by or in relation to the transferee or its employees;
p.000103: (b) continued by or in relation to the transferee or its employees.
p.000103: (6) A transfer order may in particular make provision about continuation of legal proceedings.
p.000103:
p.000104: 104
p.000104: Care Act 2014 (c. 23) Part 3 — Health
p.000104: Chapter 3 — Chapters 1 and 2: supplementary
p.000104:
p.000104: General
p.000104:
...
p.000134: (a) in the opening words, for “50, 51 or 52” substitute “50 or 51”,
p.000134: (b) omit paragraphs (a), (b) and (c),
p.000134: (c) in paragraph (i), for “a local authority’s duty or power to meet a person’s needs for care and support
p.000134: or a carer’s needs for support is displaced” substitute “a local authority’s duty under section 117
p.000134: of the Mental Health Act 1983 (after-care) is discharged”, and
p.000134: (d) in paragraph (k), for “50 to 52” substitute “50 and 51”.
p.000134: 11 Omit subsections (2) to (8) of that section.
p.000134: 12 After subsection (8) of that section insert—
p.000134: “(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of
p.000134: providing or arranging for the provision of after-care services under section 117 of the Mental Health Act
p.000134: 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of
p.000134: securing the provision of those services to meet those needs.”
p.000134: 13 In subsection (9) of that section—
p.000134: (a) for “, 51 or 52” substitute “or 51”, and
p.000134: (b) for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
p.000134: 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to
p.000134: meet needs” substitute “after-care services”.”
p.000134:
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 5 — Health Education England Part 1 — Constitution
p.000135: 135
p.000135:
p.000135:
p.000135: SCHEDULE 5 Section 96
p.000135: HEALTH EDUCATION ENGLAND PART 1
p.000135: CONSTITUTION
p.000135: Membership
p.000135:
p.000135: 1 (1) HEE consists of—
p.000135: (a) a chair appointed by the Secretary of State,
p.000135: (b) six other members appointed by the Secretary of State,
p.000135: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000135: (d) no more than four other members appointed by the members appointed under paragraphs (a) and (b).
p.000135: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000135: (a) are not employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “non-executive members”.
p.000135: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000135: (a) are employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “executive members”.
p.000135: 2 (1) The members of HEE must include persons who have clinical expertise of a description specified in
p.000135: regulations.
p.000135: (2) The regulations may require—
p.000135: (a) a specified number of members to have that expertise;
p.000135: (b) a specified number of non-executive members to have that expertise;
p.000135: (c) a specified number of executive members to have that expertise.
p.000135: (3) The non-executive members of HEE must include a person who will represent the interests of patients.
p.000135: Non-executive members: terms of office
p.000135: 3 (1) A person holds office as a non-executive member of HEE on the terms of that person’s appointment.
p.000135: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000135: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000135: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000135: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000135: (a) incapacity;
p.000135: (b) misbehaviour;
p.000135: (c) failure to carry out his or her duties as a non-executive member.
p.000135:
p.000136: 136
p.000136: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000136: Part 1 — Constitution
p.000136:
p.000136: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000136: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000136:
p.000136: Non-executive members: suspension from office
p.000136: 4 (1) Having decided to suspend a person under paragraph 3(6), the Secretary of State must give notice of the
p.000136: decision to the person; and the suspension takes effect when the person receives the notice.
p.000136: (2) The notice may be—
p.000136: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
p.000136: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000136: the third day after the day on which it is posted).
p.000136: (3) The initial period of suspension must not exceed six months.
p.000136: (4) The Secretary of State may review the suspension.
p.000136: (5) The Secretary of State—
p.000136: (a) must review the suspension, if requested in writing by the person to do so, but
p.000136: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000136: suspension.
p.000136: (6) Following a review during a period of suspension, the Secretary of State may—
p.000136: (a) revoke the suspension, or
p.000136: (b) suspend the person for a period of no more than six months from the expiry of the current period.
p.000136: (7) The Secretary of State must revoke the suspension if the Secretary of State—
p.000136: (a) decides that there are no grounds to remove the person from office under paragraph 3(5), or
p.000136: (b) decides that there are grounds to do so but nonetheless decides not to do so.
p.000136: 5 (1) Where a person is suspended from office as the chair under paragraph 3(6), the Secretary of State may
p.000136: appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000136: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000136: (a) the period ending with either—
p.000136: (i) the appointment of a new chair, or
p.000136: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000136: (b) the remainder of the interim chair’s term as a non-executive member.
p.000136: (3) A person who ceases to be the interim chair is eligible for re-appointment.
p.000136: Non-executive members: pay
p.000136: 6 (1) HEE must pay its non-executive members such remuneration as the Secretary of State may decide.
p.000136:
p.000136: Care Act 2014 (c. 23)
p.000136: Schedule 5 — Health Education England Part 1 — Constitution
p.000137: 137
p.000137:
p.000137: (2) HEE must pay, or provide for the payment of, such allowances or gratuities as the Secretary of State may decide to
p.000137: a person who is or has been a non- executive member of HEE.
p.000137: Employees: terms of office
p.000137: 7 (1) Each executive member of HEE is appointed as an employee of HEE on such terms as it decides.
p.000137: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000137: (3) HEE may appoint, on such terms as it decides, other persons as employees of HEE (in addition to those appointed as
p.000137: executive members).
p.000137: Employees: pay
p.000137: 8 (1) HEE must pay its employees such remuneration as it decides.
p.000137: (2) HEE may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect
p.000137: of a person who is or has been an employee of HEE.
p.000137: (3) Before making a decision about pay under this paragraph, HEE must obtain the approval of the Secretary of State to
p.000137: its policy on the matter.
p.000137: Committees and sub-committees
p.000137: 9 (1) HEE may appoint committees and sub-committees.
p.000137: (2) A committee or sub-committee may consist of or include persons who are not members or employees of HEE.
p.000137: (3) HEE may pay such remuneration and allowances as it decides to a person who is a member of a committee
p.000137: (including a committee which HEE is required to appoint under section 103(1) (LETBs)) or sub-committee, but is not
p.000137: an employee of HEE, regardless of whether the person is a non-executive member of HEE.
p.000137: (4) Any committees and sub-committees of the Special Health Authority called Health Education England in existence
p.000137: immediately before its abolition are to become respectively committees and sub-committees of HEE (and are to be treated
p.000137: as appointed under this paragraph).
p.000137:
p.000137: Procedure
p.000137: 10 (1) HEE may regulate its own procedure.
p.000137: (2) A vacancy among the members of HEE, or a defect in the appointment of a member, does not affect the validity of
p.000137: any act of HEE.
p.000137: Seal and evidence
p.000137: 11 (1) The application of HEE’s seal must be authenticated by the signature of a member of HEE or a person who has
p.000137: been authorised (whether generally or specifically) for the purpose.
p.000137:
p.000138: 138
p.000138: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000138: Part 1 — Constitution
p.000138:
p.000138: (2) A document purporting to be duly executed under HEE’s seal or to be signed on its behalf must be
p.000138: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000138: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000138: law of Scotland.
p.000138:
p.000138: Status of HEE
p.000138: 12 (1) HEE is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000138: immunity of the Crown.
p.000138: (2) HEE’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000138:
p.000138: PART 2 FUNCTIONS
p.000138: Exercise of functions
p.000138:
p.000138: 13 (1) HEE must exercise its functions effectively, efficiently and economically.
p.000138: (2) HEE may arrange for any of its committees, sub-committees or members or any other person to exercise any of its
p.000138: functions on its behalf (but see sub- paragraph (5)).
p.000138: (3) HEE may arrange for any person to help it to exercise its functions (whether in a particular case or in cases of a
p.000138: particular description).
p.000138: (4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the
p.000138: persons with whom HEE makes the arrangements.
p.000138: (5) HEE may not arrange for a committee which is not an LETB, or for a sub- committee, member or any other
p.000138: person, to exercise a function which is exercisable by an LETB.
p.000138: (6) HEE may in any way it thinks appropriate involve health care workers, persons to whom health services
p.000138: are provided or carers for such persons, in decisions it makes about the exercise of its functions; and “carer” means
p.000138: an adult who provides or intends to provide care for another person.
p.000138: (7) HEE may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the
p.000138: exercise of its functions.
p.000138: (8) In section 247C of the National Health Service Act 2006 (Secretary of State’s duty to keep health service
p.000138: functions of certain bodies under review), in subsection (2), after paragraph (e) insert—
p.000138: “(ea) Health Education England;”.
p.000138: Help or advice for other public authorities
p.000138: 14 (1) HEE may provide help or advice to another public authority for the purpose of the exercise by that authority
p.000138: of its functions.
p.000138:
p.000138: Care Act 2014 (c. 23)
p.000138: Schedule 5 — Health Education England Part 2 — Functions
p.000139: 139
p.000139:
p.000139: (2) Help or advice under this paragraph may be provided on such terms as HEE decides (including terms relating
p.000139: to payment of remuneration or allowances).
p.000139: (3) “Public authority”—
p.000139: (a) includes any person certain of whose functions are functions of a public nature, but
p.000139: (b) does not include either House of Parliament or a person exercising functions in connection with proceedings in
p.000139: Parliament.
p.000139: (4) A reference to a public authority—
p.000139: (a) includes a public authority in the Channel Islands or the Isle of Man, but
p.000139: (b) subject to that, does not include a reference to a public authority outside the United Kingdom.
p.000139:
p.000139: Co-operation
p.000139: 15 (1) HEE must, in the exercise of its functions, co-operate with the Secretary of State in the exercise of the
p.000139: Secretary of State’s public health functions (as defined by section 1H of the National Health Service Act 2006).
p.000139: (2) In section 72 of that Act (co-operation between NHS bodies), after subsection
p.000139: (3) insert—
p.000139: “(4) For the purposes of this section, Health Education England is an NHS body.”
p.000139: (3) In section 290(3) of the Health and Social Care Act 2012 (bodies which must co-operate with Monitor and the Care
p.000139: Quality Commission in the exercise of their functions), after paragraph (c) (but before the following “and”) insert—
p.000139: “(ca) Health Education England,”.
p.000139: (4) Regulations may require HEE and a specified person to co-operate with each other in the exercise of their
p.000139: respective functions or such of their functions as are specified.
p.000139: NHS contracts
p.000139: 16 In section 9(4) of the National Health Service Act 2006 (NHS contracts: health service bodies), after
p.000139: paragraph (kb) insert—
p.000139: “(kc) Health Education England,”.
p.000139: Arrangements with devolved authorities
p.000139: 17 (1) HEE may arrange with a devolved authority for HEE—
p.000139: (a) to exercise on behalf of the devolved authority any function which corresponds to a function of HEE;
p.000139: (b) to provide services or facilities in so far as the devolved authority requires them in connection with the
p.000139: exercise of such a function.
p.000139: (2) The terms and conditions on which arrangements under this paragraph may be made include provision for payment
p.000139: to HEE in respect of its costs in giving effect to the arrangements.
p.000139:
p.000140: 140
p.000140:
p.000140:
p.000140: Failure to exercise functions
p.000140: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000140: Part 2 — Functions
p.000140:
p.000140: 18 (1) If the Secretary of State considers that HEE is failing or has failed to exercise any of its functions, and
p.000140: that the failure is significant, the Secretary of State may direct HEE to exercise such of its functions, in such
p.000140: manner and within such period, as the direction specifies.
p.000140: (2) If HEE fails to comply with a direction under this section, the Secretary of State may—
p.000140: (a) exercise the functions specified in the direction, or
p.000140: (b) make arrangements for some other person to exercise them on the Secretary of State’s behalf.
p.000140: (3) Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish
p.000140: the reasons for doing so.
p.000140: (4) The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it
p.000140: properly.
p.000140: PART 3 FINANCE AND REPORTS
p.000140: Funding
p.000140: 19 (1) The Secretary of State must pay HEE for each financial year sums not exceeding the amount the
p.000140: Secretary of State has allotted for that year towards meeting the expenditure that is attributable to HEE’s
p.000140: exercise of its functions in that year.
p.000140: (2) An amount is to be regarded as allotted when the Secretary of State notifies HEE accordingly.
p.000140: (3) The Secretary of State may make a new allotment under this paragraph increasing or decreasing the
p.000140: allotment previously made, but only if—
p.000140: (a) HEE agrees,
p.000140: (b) a parliamentary general election takes place, or
p.000140: (c) the Secretary of State considers that exceptional circumstances make a new allotment necessary.
p.000140: (4) The Secretary of State may give directions to HEE about the payment by it to the Secretary of State of sums
p.000140: in respect of charges or other amounts relating to the valuation or disposal of assets.
p.000140: (5) Sums payable to HEE under this paragraph are payable subject to such conditions as to records,
p.000140: certificates or otherwise as the Secretary of State may decide.
p.000140: (6) In this Part of this Schedule, “financial year” includes the period—
p.000140: (a) beginning with the day on which HEE is established, and
p.000140: (b) ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the
p.000140: 31 March following that date.
p.000140:
p.000140: Care Act 2014 (c. 23)
p.000140: Schedule 5 — Health Education England Part 3 — Finance and reports
p.000140:
p.000140: Financial duties: expenditure
p.000141: 141
p.000141:
p.000141: 20 (1) HEE must ensure that total expenditure attributable to its exercise of its functions in each
p.000141: financial year (its “total spending”) does not exceed the aggregate of—
p.000141: (a) the amount allotted to it for that year under paragraph 19,
p.000141: (b) the income generated in that year from carrying out activities for the purposes of or in connection with the
p.000141: exercise of its functions, and
p.000141: (c) any other sums received by it in that year for the purpose of enabling it to meet such expenditure.
p.000141: (2) The Secretary of State may direct that spending of a specified description is, or is not, to be treated for the
p.000141: purposes of sub-paragraph (1) as part of HEE’s total spending.
p.000141: (3) The Secretary of State may by directions determine—
p.000141: (a) the extent to which, and circumstances in which, sums received by HEE under paragraph 19 but not yet spent are
p.000141: to be treated for the purposes of sub-paragraph (1) as part of HEE’s total spending, and
p.000141: (b) to which financial year those sums are to be attributed.
p.000141: (4) The Secretary of State may direct HEE to use specified banking facilities for specified purposes.
p.000141: Financial duties: use of generated income
p.000141: 21 Where HEE generates income from carrying out activities for the purposes of or in connection with the
p.000141: exercise of its functions, it must ensure that the income is used for exercising its functions.
p.000141: Financial duties: controls on total resource use
p.000141: 22 (1) HEE must ensure that—
p.000141: (a) its use of capital resources in a financial year does not exceed the amount specified by the Secretary of
p.000141: State, and
p.000141: (b) its use of revenue resources in a financial year does not exceed the amount specified by the Secretary of State.
p.000141: (2) The Secretary of State may, in relation to a financial year, direct that for the purposes of this paragraph—
p.000141: (a) resources of a specified description are, or are not, to be treated as capital resources or revenue resources;
p.000141: (b) a specified use of capital resources or revenue resources is, or is not, to be taken into account.
p.000141: (3) An amount specified for the purposes of sub-paragraph (1)(a) or (b) may be varied only if—
p.000141: (a) HEE agrees,
p.000141: (b) a parliamentary general election takes place, or
p.000141: (c) the Secretary of State considers that exceptional circumstances make the variation necessary.
p.000141: (4) A reference to the use of capital resources or revenue resources is a reference to their expenditure, consumption
p.000141: or reduction in value.
p.000141:
p.000142: 142
p.000142:
p.000142:
p.000142: Financial duties: additional controls on resource use
p.000142: Care Act 2014 (c. 23) Schedule 5 — Health Education England Part 3 — Finance and reports
p.000142:
p.000142: 23 (1) The Secretary of State may direct HEE to ensure that—
p.000142: (a) total capital resource use in a financial year which is attributable to specified matters does not exceed a
p.000142: specified amount,
p.000142: (b) total revenue resource use in a financial year which is attributable to specified matters does not exceed a
p.000142: specified amount, and
p.000142: (c) total revenue resource use in a financial year which is attributable to specified matters relating to
p.000142: administration does not exceed a specified amount.
p.000142: (2) The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources
p.000142: or revenue resources which are, or are not, to be taken into account for the purposes of sub-paragraph (1)(a), (b) or
p.000142: (c) (as the case may be).
p.000142: (3) The Secretary of State may not give a direction under sub-paragraph (1)(a) or (b) unless the direction is
p.000142: for the purpose of complying with a limit imposed by the Treasury.
p.000142: Losses and liabilities etc
p.000142: 24 (1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of
p.000142: certain authorities from personal liability) has effect as if there were included in the authorities referred
p.000142: to in that section a reference to HEE.
p.000142: (2) In its application to HEE as a result of sub-paragraph (1), section 265 of that Act has effect as if any reference
p.000142: in that section to that Act were a reference to this Act.
p.000142: (3) In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of
p.000142: certain health service bodies: bodies eligible to participate), after paragraph (db) insert—
p.000142: “(dc) Health Education England,”.
p.000142:
p.000142: Accounts
p.000142: 25 (1) HEE must keep—
p.000142: (a) proper accounts, and
p.000142: (b) proper records relating to the accounts.
p.000142: (2) The Secretary of State may, with the approval of the Treasury, give directions to HEE about—
p.000142: (a) the content and form of its accounts, and
p.000142: (b) the methods and principles to be applied in the preparation of its accounts.
p.000142: (3) The reference in sub-paragraph (2) to accounts includes a reference to—
p.000142: (a) the accounts prepared under paragraph 26, and
p.000142: (b) such accounts as are prepared under paragraph 27.
p.000142: (4) The chief executive of HEE is to be its accounting officer.
p.000142:
p.000142: Care Act 2014 (c. 23)
p.000142: Schedule 5 — Health Education England Part 3 — Finance and reports
p.000142:
p.000142: Annual accounts
p.000143: 143
p.000143:
p.000143: 26 (1) HEE must prepare consolidated annual accounts for each financial year.
p.000143: (2) The consolidated annual accounts must include—
p.000143: (a) the annual accounts of each LETB,
p.000143: (b) the annual accounts of each other committee of HEE, and
p.000143: (c) the annual accounts relating to the rest of HEE’s activities.
p.000143: (3) HEE must send copies of the consolidated annual accounts to—
p.000143: (a) the Secretary of State, and
p.000143: (b) the Comptroller and Auditor General,
p.000143: within such period after the end of the financial year to which the accounts relate as the Secretary of State directs.
p.000143: (4) The Comptroller and Auditor General must—
p.000143: (a) examine, certify and report on the consolidated annual accounts, and
p.000143: (b) lay copies of them and the report on them before Parliament.
p.000143: Interim accounts
p.000143: 27 (1) The Secretary of State may, with the approval of the Treasury, direct HEE to prepare accounts in respect of
p.000143: such period or periods as are specified in the direction (“interim accounts”).
p.000143: (2) The interim accounts in respect of any period must include—
p.000143: (a) the accounts of each LETB in respect of that period, and
p.000143: (b) the accounts of each other committee of HEE in respect of that period.
p.000143: (3) HEE must send copies of any interim accounts to—
p.000143: (a) the Secretary of State, and
p.000143: (b) if the Secretary of State directs, the Comptroller and Auditor General,
p.000143: within such period as the Secretary of State may direct.
p.000143: (4) The Comptroller and Auditor General must—
p.000143: (a) examine, certify and report on any interim accounts sent under sub- paragraph (3)(b),
p.000143: (b) if the Secretary of State directs, send a copy of the report on the accounts to the Secretary of
p.000143: State, and
p.000143: (c) if the Secretary of State directs, lay copies of the accounts and the report on them before Parliament.
p.000143:
p.000143: Annual report
p.000143: 28 (1) As soon as is feasible after the end of each financial year, HEE must prepare an annual report on how it has
p.000143: exercised its functions during the year.
p.000143: (2) The report must include, in particular, HEE’s assessment of—
p.000143: (a) the extent to which is has during the year—
p.000143: (i) achieved the objectives and reflected the priorities set by the Secretary of State for the purposes of section
p.000143: 100(1); and
p.000143:
p.000144: 144
p.000144: Care Act 2014 (c. 23) Schedule 5 — Health Education England Part 3 — Finance and reports
p.000144:
p.000144: (ii) achieved the outcomes set by the Secretary of State for the purposes of section 100(2); and
p.000144: (b) how effectively it discharged its duties under this Act or under regulations under this Act.
p.000144: (3) HEE must—
p.000144: (a) lay a copy of the report before Parliament, and
p.000144: (b) send a copy of it to the Secretary of State.
p.000144: (4) HEE must provide the Secretary of State with such other reports and information relating to the
p.000144: exercise of its functions as the Secretary of State may request.
p.000144:
p.000144: PART 4 CONSEQUENTIAL AMENDMENTS
p.000144: Public Records Act 1958
p.000144:
p.000144: 29 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert—
p.000144: “Health Education England.”
p.000144: Public Bodies (Admission to Meetings) Act 1960
p.000144: 30 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bl) insert—
p.000144: “(bm) Health Education England;”.
p.000144: Parliamentary Commissioner Act 1967
p.000144: 31 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place
p.000144: insert—
p.000144: “Health Education England”.
p.000144: House of Commons Disqualification Act 1975
p.000144: 32 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000144: insert—
p.000144: “Health Education England.”
p.000144: Copyright, Designs and Patents Act 1988
p.000144: 33 In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after
p.000144: “the Care Quality Commission” insert “, Health Education England”.
p.000144: Freedom of Information Act 2000
p.000144: 34 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (health service), at the
p.000144: appropriate place insert—
p.000144: “Health Education England.”
p.000144:
p.000144: Care Act 2014 (c. 23)
p.000144: Schedule 5 — Health Education England Part 4 — Consequential amendments
p.000144:
p.000144: Equality Act 2010
p.000145: 145
p.000145:
p.000145: 35 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality
p.000145: duty), in the group of entries under the heading “Health, social care and social security”, before the
p.000145: entry for the Health Service Commissioner for England, insert—
p.000145: “Health Education England.”
p.000145:
p.000145:
p.000145: SCHEDULE 6 Section 104
p.000145: LOCAL EDUCATION AND TRAINING BOARDS
p.000145: The area for which an LETB is appointed
p.000145: 1 (1) HEE must ensure that the areas of LETBs—
p.000145: (a) do not coincide or overlap, and
p.000145: (b) together cover the whole of England.
p.000145: (2) HEE may vary the area of an LETB.
p.000145: (3) HEE must—
p.000145: (a) keep an up-to-date record of the area of each LETB, and
p.000145: (b) publish the record.
p.000145: Assessment of whether the appointment criteria are being met in relation to LETBs
p.000145: 2 (1) HEE must, whenever it considers appropriate, assess—
p.000145: (a) whether the appointment criteria are being met in relation to an LETB, and
p.000145: (b) if they are not, whether enough of the appointment criteria are being met for the LETB in question to be able to
p.000145: exercise its functions.
p.000145: (2) Having carried out an assessment under sub-paragraph (1), HEE must notify the LETB of, and then publish—
p.000145: (a) the result of the assessment, and
p.000145: (b) if HEE is not satisfied that the criteria are being met in relation to the LETB, HEE’s reasons for not being so
p.000145: satisfied.
p.000145: (3) Where, on an assessment under sub-paragraph (1), HEE is not satisfied that all the appointment criteria are
p.000145: being met in relation to an LETB but is satisfied that enough of them are being met for the LETB to
p.000145: be able to exercise its functions, HEE may impose conditions on the LETB relating to its operation.
p.000145: (4) Where, on an assessment under sub-paragraph (1), HEE is not satisfied that enough of the appointment criteria are
p.000145: being met in relation to the LETB for the LETB to be able to exercise its functions, HEE may do one or more of the
p.000145: following—
p.000145: (a) appoint new members of the LETB (whether as well as or instead of existing members);
p.000145: (b) exercise functions on behalf of the LETB;
p.000145:
p.000146: 146
p.000146: Care Act 2014 (c. 23)
p.000146: Schedule 6 — Local Education and Training Boards
p.000146:
p.000146: (c) make arrangements for the persons who provide health services in the area for which the LETB was
p.000146: appointed to be represented by another LETB instead.
p.000146: (5) Before imposing conditions under sub-paragraph (3) or taking action under sub-paragraph (4), HEE must notify the
p.000146: LETB concerned of—
p.000146: (a) the conditions it proposes to impose or action it proposes to take, and
p.000146: (b) its reasons for proposing to impose those conditions or take that action.
p.000146: (6) Having imposed conditions under sub-paragraph (3) or taken action under sub-paragraph (4), HEE must publish—
p.000146: (a) details of the conditions it imposed or action it took, and
p.000146: (b) its reasons for imposing those conditions or taking that action.
p.000146: (7) Before making arrangements under sub-paragraph (4)(c), HEE must obtain the approval of the other LETB.
p.000146: (8) Regulations must require specified commissioners of health services to include in the arrangements under
p.000146: the National Health Service Act 2006 for the provision of such services terms to ensure that a provider of
p.000146: such services—
p.000146: (a) co-operates with any LETB which represents that provider by virtue of arrangements made by HEE under
p.000146: sub-paragraph (4)(c), in such manner and to such extent as that LETB may request, in planning the provision of, and in
p.000146: providing, education and training for health care workers;
p.000146: (b) provides that LETB with such information as it may request.
p.000146: (9) Regulations may specify other circumstances in which HEE may intervene in the operation of an LETB (whether
p.000146: by imposing conditions or in such other way as is specified).
p.000146: (10) A reference to exercising a function includes a reference to exercising it properly.
p.000146:
p.000146: Publication and review of the appointment criteria
p.000146: 3 (1) HEE must publish the appointment criteria; but before doing so it must obtain the approval of
p.000146: the Secretary of State.
p.000146: (2) HEE must keep the appointment criteria under review and may revise them; and the duty to obtain approval under
p.000146: sub-paragraph (1) applies to revised criteria only in so far as HEE considers the revisions significant.
p.000146: Exercise of functions
p.000146: 4 (1) Regulations may—
p.000146: (a) give LETBs additional functions relating to the provision of education and training for health
p.000146: care workers or to the planning of its provision;
p.000146: (b) impose requirements on LETBs relating to how they exercise functions.
p.000146: (2) An LETB may do anything which appears to it to be necessary or desirable for the purposes of or in connection with
p.000146: the exercise of its functions.
p.000146:
p.000146: Care Act 2014 (c. 23)
p.000146: Schedule 6 — Local Education and Training Boards
p.000147: 147
p.000147:
p.000147: (3) If HEE considers that an LETB is failing or has failed to exercise a function, or that there is a significant risk
p.000147: that it will fail to do so, HEE must direct the LETB to exercise such function within such period, and in such manner,
p.000147: as the direction specifies.
p.000147: (4) If an LETB fails to comply with a direction under sub-paragraph (3), HEE may take action under one or more of
p.000147: paragraphs (a) to (c) of paragraph 2(4) (with paragraph 2(5) to (7) applying accordingly).
p.000147: (5) The reference in sub-paragraph (3) to exercising a function includes a reference to exercising it
p.000147: properly.
p.000147:
p.000147:
p.000147: SCHEDULE 7 Section 109
p.000147: THE HEALTH RESEARCH AUTHORITY PART 1
p.000147: CONSTITUTION
p.000147: Membership
p.000147:
p.000147: 1 (1) The HRA consists of—
p.000147: (a) a chair appointed by the Secretary of State,
p.000147: (b) at least three but no more than four other members appointed by the Secretary of State,
p.000147: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000147: (d) at least two but no more than three other members appointed by the members appointed under paragraphs (a) and
p.000147: (b).
p.000147: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000147: (a) are not employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “non-executive members”.
p.000147: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000147: (a) are employees of the HRA, and
...
p.000153: (4) The HRA must provide the Secretary of State with such other reports and information relating to the exercise of
p.000153: its functions as the Secretary of State may request.
p.000153:
p.000154: 154
p.000154:
p.000154:
p.000154:
p.000154: PART 4
p.000154: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority Part 4 — Consequential amendments
p.000154:
p.000154: CONSEQUENTIAL AMENDMENTS
p.000154: Public Records Act 1958
p.000154:
p.000154: 21 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert—
p.000154: “Health Research Authority.”
p.000154: Public Bodies (Admission to Meetings) Act 1960
p.000154: 22 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bm) (inserted by
p.000154: paragraph 30 of Schedule 5 to this Act) insert—
p.000154: “(bn) the Health Research Authority;”.
p.000154: Parliamentary Commissioner Act 1967
p.000154: 23 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place
p.000154: insert—
p.000154: “Health Research Authority.”
p.000154: House of Commons Disqualification Act 1975
p.000154: 24 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000154: insert—
p.000154: “The Health Research Authority.”
p.000154: Copyright, Designs and Patents Act 1988
p.000154: 25 In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “Health
p.000154: Education England” (inserted by paragraph 33 of Schedule 5 to this Act) insert “, the Health Research Authority”.
p.000154: Freedom of Information Act 2000
p.000154: 26 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate
p.000154: place insert—
p.000154: “The Health Research Authority.”
p.000154: Equality Act 2010
p.000154: 27 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality
p.000154: duty), in the group of entries under the heading “Health, social care and social security”, after the entry for
p.000154: Health Education England (inserted by paragraph 35 of Schedule 5 to this Act) insert—
p.000154: “The Health Research Authority.”
p.000154:
p.000154: Care Act 2014 (c. 23)
p.000154: Schedule 8 — Research ethics committees: amendments
p.000155: 155
p.000155:
p.000155: SCHEDULE 8 Section 113
p.000155: RESEARCH ETHICS COMMITTEES: AMENDMENTS
p.000155: Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)
p.000155: 1 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059), in the
p.000155: definition of “ethics committee”—
p.000155: (a) omit paragraph (a), and
p.000155: (b) for paragraph (c) substitute—
p.000155: “(c) a research ethics committee recognised or established by or on behalf of the Health Research
p.000155: Authority under the Care Act 2014, or
p.000155: (d) any other group of persons which assesses the ethics of research involving individuals and which is
p.000155: recognised for that purpose by or on behalf of the Welsh Ministers or the Scottish Ministers;”.
p.000155: Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)
p.000155: 2 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000
p.000155: (S.R. 2000/194), for the definition of “ethics committee” substitute—
...
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p.000080: Commission would require the registered person to take in relation to that individual, the Commission must give
p.000080: that individual notice in writing of the proposal.”
p.000080: (2) In section 28 of that Act (notice of decisions), in subsection (6), for “subsection (7)” substitute “subsections
p.000080: (7) to (9)”.
p.000080: (3) In that section, after subsection (7) insert—
p.000080: “(8) But in a case where notice of the proposal has been given to an individual under section 26(4A)
p.000080: subsection (7) does not apply unless, by the time the Commission receives the applicant’s notification, it has received
p.000080: notification from the individual that he or she does not intend to appeal.
p.000080: (9) And if the Commission receives notification from the individual after it receives the applicant’s notification
p.000080: and before the end of the period mentioned in subsection (6)(a), the decision is to take effect when the Commission
p.000080: receives the individual’s notification.”
p.000080:
p.000080: 88 Unitary board
p.000080: (1) In paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 (membership of the Care Quality
p.000080: Commission), in sub-paragraph (1)—
p.000080: (a) after paragraph (a), omit “and”, and
p.000080:
p.000080: Care Act 2014 (c. 23)
p.000081: 81
p.000081: Part 2 — Care standards
p.000081:
p.000081: (b) at the end of paragraph (b) insert “,
p.000081: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000081: (d) other members appointed by the members appointed under paragraphs (a) and (b).”
p.000081: (2) After that sub-paragraph, insert—
p.000081: “(1A) The members appointed under sub-paragraph (1)(a) and (b)—
p.000081: (a) are not employees of the Commission, and
p.000081: (b) are referred to in this Schedule as the “non-executive members”.
p.000081: (1B) The members appointed under sub-paragraph (1)(c) and (d)—
p.000081: (a) are employees of the Commission, and
p.000081: (b) are referred to in this Schedule as the “executive members”.
p.000081: (1C) The number of non-executive members must exceed the number of executive members.”
p.000081: (3) In sub-paragraph (2) of that paragraph—
p.000081: (a) for “sub-paragraph (1)”, substitute “sub-paragraph (1)(a) and (b)”, and
p.000081: (b) for “the members”, substitute “the non-executive members”.
p.000081: (4) In sub-paragraph (3) of that paragraph, for “any other member”, substitute “any other non-executive
p.000081: member”.
p.000081: (5) In sub-paragraph (4) of that paragraph—
p.000081: (a) in paragraph (a)—
p.000081: (i) for “other members”, substitute “other non-executive members”, and
p.000081: (ii) for “of members who may be appointed”, substitute “of such members who may be appointed”,
p.000081: (b) after paragraph (a), omit “and”,
p.000081: (c) in paragraph (b), for “other members”, substitute “other non-executive members”, and
p.000081: (d) after paragraph (b), insert—
p.000081: “(c) the limits on the total number of members who may be appointed, and
p.000081: (d) the minimum total number of members who must be appointed.”
p.000081: (6) In paragraph 4 of that Schedule (the cross-heading preceding which becomes “Remuneration and allowances
p.000081: for non-executive members”), in sub- paragraphs (1) and (2), for “any other member”, substitute “any
p.000081: other non- executive member”.
p.000081: (7) In paragraph 5 of that Schedule (employees), omit sub-paragraph (1).
p.000081: (8) In sub-paragraph (2) of that paragraph, for “such other employees”, substitute “such employees (in addition to
p.000081: the executive members appointed by the non- executive members)”.
p.000081:
p.000082: 82
p.000082: Care Act 2014 (c. 23)
p.000082: Part 2 — Care standards
p.000082:
p.000082: Increasing the independence of the Care Quality Commission
p.000082:
p.000082: 89 Chief Inspectors
p.000082: After paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 insert—
p.000082: “Chief Inspectors
p.000082: 3A (1) The non-executive members must—
p.000082: (a) appoint an executive member to be the Chief Inspector of Hospitals,
p.000082: (b) appoint an executive member to be the Chief Inspector of Adult Social Care, and
p.000082: (c) appoint an executive member to be the Chief Inspector of General Practice.
p.000082: (2) Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.
p.000082: (3) When exercising functions under sub-paragraph (2), an executive member must have regard to the importance
p.000082: of safeguarding and promoting the Commission’s independence from the Secretary of State.”
p.000082:
p.000082: 90 Independence of the Care Quality Commission
p.000082: (1) Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is amended as follows.
p.000082: (2) In section 48 (special reviews or investigations), omit subsection (7) (Secretary of State’s power to make
p.000082: regulations as to procedure for representations before publication of report).
p.000082: (3) In section 54 (studies as to economy, efficiency etc), in subsections (1) and (3), omit “, with the approval of
p.000082: the Secretary of State,”.
p.000082: (4) After subsection (2) of that section, insert—
p.000082: “(2A) The Commission may not exercise the power under subsection (1)(a), so far as it relates to the activity
...
p.000092: such conditions as HEE considers appropriate.
p.000092:
p.000092: Care Act 2014 (c. 23)
p.000093: 93
p.000093: Part 3 — Health
p.000093: Chapter 1 — Health Education England
p.000093:
p.000093: (3) The members of an LETB must include—
p.000093: (a) persons who provide health services in the area for which the LETB is appointed,
p.000093: (b) persons who have clinical expertise of a description specified in regulations, and
p.000093: (c) a person who will represent the interests of patients.
p.000093: (4) Regulations under paragraph (b) of subsection (3) may require a specified number of members to have
p.000093: the expertise mentioned in that paragraph.
p.000093: (5) The following persons are also eligible to be appointed as members of an LETB—
p.000093: (a) persons who, in the area for which the LETB is appointed, provide education or training for health
p.000093: care workers or for persons wishing to work as health care workers, and
p.000093: (b) persons of such other description as HEE may decide.
p.000093: (6) A member of HEE is not eligible for membership of an LETB.
p.000093: (7) The appointment criteria must include criteria designed to ensure that a majority of the members of an
p.000093: LETB are persons who provide health services in the area for which the LETB in question is appointed.
p.000093: (8) If HEE is unable (for reasons beyond its control) to comply with any requirement imposed by this
p.000093: section or regulations under this section to appoint persons of a particular description as members of an LETB,
p.000093: HEE may instead appoint employees of HEE (other than members of HEE).
p.000093: (9) On appointing an LETB, HEE must appoint the chair of the LETB; but it may not appoint as chair a person who—
p.000093: (a) provides health services in the area for which the LETB is appointed, or
p.000093: (b) in the area for which the LETB is appointed, provides education or training for health care
p.000093: workers or for persons wishing to work as health care workers.
p.000093: (10) HEE must notify applicants under subsection (1) or (2) of the decision on the application and—
p.000093: (a) in the case of an approval of such an application, the area for which the LETB is appointed and the appointment
p.000093: under subsection (9);
p.000093: (b) in the case of a rejection, the reasons for the rejection.
p.000093: (11) HEE, having complied with subsection (10), must publish—
p.000093: (a) the decision, and
p.000093: (b) in the case of a rejection, the reasons for the rejection.
p.000093: (12) The conditions on which a person is appointed as a member of an LETB must include a condition not to use
p.000093: information obtained in the capacity as such otherwise than for the purposes of the LETB.
p.000093: (13) Regulations may make further provision about—
p.000093: (a) the membership of an LETB;
p.000093: (b) the removal by HEE of members of an LETB;
p.000093: (c) the suspension by HEE of members of an LETB.
p.000093: (14) Schedule 6 (which includes provision about the area of an LETB, the appointment criteria
p.000093: and the exercise of an LETB’s functions) has effect.
p.000093:
p.000094: 94
p.000094: Care Act 2014 (c. 23)
p.000094: Part 3 — Health
p.000094: Chapter 1 — Health Education England
...
p.000103: such extent as he considers appropriate, publish entries he records in the register.”
p.000103:
p.000103: CHAPTER 3
p.000103: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000103:
p.000103: Miscellaneous
p.000103:
p.000103: 118 Transfer orders
p.000103: (1) An order under section 96 (establishment of Health Education England) or section 109 (establishment
p.000103: of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to
p.000103: an individual’s contract of employment.
p.000103: (2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer
p.000103: of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000103: (3) A transfer order may provide for the transfer of property, rights or liabilities—
p.000103: (a) whether or not they would otherwise be capable of being transferred;
p.000103: (b) irrespective of any requirement for consent that would otherwise apply.
p.000103: (4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities
p.000103: transferred.
p.000103: (5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in
p.000103: connection with anything transferred to be—
p.000103: (a) treated as done by or in relation to the transferee or its employees;
p.000103: (b) continued by or in relation to the transferee or its employees.
p.000103: (6) A transfer order may in particular make provision about continuation of legal proceedings.
p.000103:
p.000104: 104
p.000104: Care Act 2014 (c. 23) Part 3 — Health
p.000104: Chapter 3 — Chapters 1 and 2: supplementary
p.000104:
p.000104: General
p.000104:
p.000104: 119 Chapters 1 and 2: interpretation and supplementary provision
p.000104: (1) For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or
p.000104: otherwise explained by the provision of this Act specified in the second column.
p.000104:
p.000104:
p.000104:
p.000104: Expression Appointment criteria Commissioner of health services
p.000104: Devolved authority
p.000104: Devolved legislature Direct or direction Enactment
p.000104: Financial year Health care workers Health research
p.000104: The health service Health services HEE
p.000104: The HRA LETB
p.000104: Social care research
p.000104: Provision
p.000104: Section 104
p.000104: Section 105
p.000104: Section 126
p.000104: Section 126
p.000104: Subsection (2) below
p.000104: Section 126
p.000104: Section 126
p.000104: Section 97
p.000104: Section 110
p.000104: Section 126
p.000104: Section 99
p.000104: Section 96
p.000104: Section 109
p.000104: Section 103
p.000104: Section 110
p.000104:
p.000104: (2) A power under Chapter 1 or 2 to give a direction—
p.000104: (a) includes a power to vary or revoke the direction by a subsequent direction, and
p.000104: (b) must be exercised by giving the direction in question in writing.
p.000104: (3) The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not
p.000104: affect the power to make further subordinate legislation amending or revoking the amended provisions.
p.000104:
p.000104: CHAPTER 4
p.000104: TRUST SPECIAL ADMINISTRATION
...
p.000134: “(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of
p.000134: providing or arranging for the provision of after-care services under section 117 of the Mental Health Act
p.000134: 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of
p.000134: securing the provision of those services to meet those needs.”
p.000134: 13 In subsection (9) of that section—
p.000134: (a) for “, 51 or 52” substitute “or 51”, and
p.000134: (b) for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
p.000134: 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to
p.000134: meet needs” substitute “after-care services”.”
p.000134:
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 5 — Health Education England Part 1 — Constitution
p.000135: 135
p.000135:
p.000135:
p.000135: SCHEDULE 5 Section 96
p.000135: HEALTH EDUCATION ENGLAND PART 1
p.000135: CONSTITUTION
p.000135: Membership
p.000135:
p.000135: 1 (1) HEE consists of—
p.000135: (a) a chair appointed by the Secretary of State,
p.000135: (b) six other members appointed by the Secretary of State,
p.000135: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000135: (d) no more than four other members appointed by the members appointed under paragraphs (a) and (b).
p.000135: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000135: (a) are not employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “non-executive members”.
p.000135: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000135: (a) are employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “executive members”.
p.000135: 2 (1) The members of HEE must include persons who have clinical expertise of a description specified in
p.000135: regulations.
p.000135: (2) The regulations may require—
p.000135: (a) a specified number of members to have that expertise;
p.000135: (b) a specified number of non-executive members to have that expertise;
p.000135: (c) a specified number of executive members to have that expertise.
p.000135: (3) The non-executive members of HEE must include a person who will represent the interests of patients.
p.000135: Non-executive members: terms of office
p.000135: 3 (1) A person holds office as a non-executive member of HEE on the terms of that person’s appointment.
p.000135: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000135: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000135: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000135: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000135: (a) incapacity;
p.000135: (b) misbehaviour;
p.000135: (c) failure to carry out his or her duties as a non-executive member.
p.000135:
p.000136: 136
p.000136: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000136: Part 1 — Constitution
p.000136:
p.000136: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000136: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000136:
...
p.000136: suspension.
p.000136: (6) Following a review during a period of suspension, the Secretary of State may—
p.000136: (a) revoke the suspension, or
p.000136: (b) suspend the person for a period of no more than six months from the expiry of the current period.
p.000136: (7) The Secretary of State must revoke the suspension if the Secretary of State—
p.000136: (a) decides that there are no grounds to remove the person from office under paragraph 3(5), or
p.000136: (b) decides that there are grounds to do so but nonetheless decides not to do so.
p.000136: 5 (1) Where a person is suspended from office as the chair under paragraph 3(6), the Secretary of State may
p.000136: appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000136: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000136: (a) the period ending with either—
p.000136: (i) the appointment of a new chair, or
p.000136: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000136: (b) the remainder of the interim chair’s term as a non-executive member.
p.000136: (3) A person who ceases to be the interim chair is eligible for re-appointment.
p.000136: Non-executive members: pay
p.000136: 6 (1) HEE must pay its non-executive members such remuneration as the Secretary of State may decide.
p.000136:
p.000136: Care Act 2014 (c. 23)
p.000136: Schedule 5 — Health Education England Part 1 — Constitution
p.000137: 137
p.000137:
p.000137: (2) HEE must pay, or provide for the payment of, such allowances or gratuities as the Secretary of State may decide to
p.000137: a person who is or has been a non- executive member of HEE.
p.000137: Employees: terms of office
p.000137: 7 (1) Each executive member of HEE is appointed as an employee of HEE on such terms as it decides.
p.000137: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000137: (3) HEE may appoint, on such terms as it decides, other persons as employees of HEE (in addition to those appointed as
p.000137: executive members).
p.000137: Employees: pay
p.000137: 8 (1) HEE must pay its employees such remuneration as it decides.
p.000137: (2) HEE may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect
p.000137: of a person who is or has been an employee of HEE.
p.000137: (3) Before making a decision about pay under this paragraph, HEE must obtain the approval of the Secretary of State to
p.000137: its policy on the matter.
p.000137: Committees and sub-committees
p.000137: 9 (1) HEE may appoint committees and sub-committees.
p.000137: (2) A committee or sub-committee may consist of or include persons who are not members or employees of HEE.
p.000137: (3) HEE may pay such remuneration and allowances as it decides to a person who is a member of a committee
p.000137: (including a committee which HEE is required to appoint under section 103(1) (LETBs)) or sub-committee, but is not
p.000137: an employee of HEE, regardless of whether the person is a non-executive member of HEE.
p.000137: (4) Any committees and sub-committees of the Special Health Authority called Health Education England in existence
p.000137: immediately before its abolition are to become respectively committees and sub-committees of HEE (and are to be treated
p.000137: as appointed under this paragraph).
p.000137:
p.000137: Procedure
p.000137: 10 (1) HEE may regulate its own procedure.
p.000137: (2) A vacancy among the members of HEE, or a defect in the appointment of a member, does not affect the validity of
p.000137: any act of HEE.
p.000137: Seal and evidence
p.000137: 11 (1) The application of HEE’s seal must be authenticated by the signature of a member of HEE or a person who has
p.000137: been authorised (whether generally or specifically) for the purpose.
p.000137:
p.000138: 138
p.000138: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000138: Part 1 — Constitution
p.000138:
p.000138: (2) A document purporting to be duly executed under HEE’s seal or to be signed on its behalf must be
p.000138: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000138: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000138: law of Scotland.
p.000138:
p.000138: Status of HEE
...
p.000146: the exercise of its functions.
p.000146:
p.000146: Care Act 2014 (c. 23)
p.000146: Schedule 6 — Local Education and Training Boards
p.000147: 147
p.000147:
p.000147: (3) If HEE considers that an LETB is failing or has failed to exercise a function, or that there is a significant risk
p.000147: that it will fail to do so, HEE must direct the LETB to exercise such function within such period, and in such manner,
p.000147: as the direction specifies.
p.000147: (4) If an LETB fails to comply with a direction under sub-paragraph (3), HEE may take action under one or more of
p.000147: paragraphs (a) to (c) of paragraph 2(4) (with paragraph 2(5) to (7) applying accordingly).
p.000147: (5) The reference in sub-paragraph (3) to exercising a function includes a reference to exercising it
p.000147: properly.
p.000147:
p.000147:
p.000147: SCHEDULE 7 Section 109
p.000147: THE HEALTH RESEARCH AUTHORITY PART 1
p.000147: CONSTITUTION
p.000147: Membership
p.000147:
p.000147: 1 (1) The HRA consists of—
p.000147: (a) a chair appointed by the Secretary of State,
p.000147: (b) at least three but no more than four other members appointed by the Secretary of State,
p.000147: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000147: (d) at least two but no more than three other members appointed by the members appointed under paragraphs (a) and
p.000147: (b).
p.000147: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000147: (a) are not employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “non-executive members”.
p.000147: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000147: (a) are employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “executive members”.
p.000147: (4) The number of non-executive members must exceed the number of executive members.
p.000147: Non-executive members: terms of office
p.000147: 2 (1) A person holds office as a non-executive member of the HRA on the terms of that person’s appointment.
p.000147: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000147: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000147:
p.000148: 148
p.000148: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000148: Part 1 — Constitution
p.000148:
p.000148: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000148: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000148: (a) incapacity;
p.000148: (b) misbehaviour;
p.000148: (c) failure to carry out his or her duties as a non-executive member.
p.000148: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000148: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000148:
p.000148: Non-executive members: suspension from office
p.000148: 3 (1) Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the
p.000148: decision to the person; and the suspension takes effect when the person receives the notice.
p.000148: (2) The notice may be—
p.000148: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
...
p.000148: suspension.
p.000148: (6) Following a review during a period of suspension, the Secretary of State may—
p.000148: (a) revoke the suspension, or
p.000148: (b) suspend the person for a period of no more than six months from the expiry of the current period.
p.000148: (7) The Secretary of State must revoke the suspension if the Secretary of State—
p.000148: (a) decides that there are no grounds to remove the person from office under paragraph 2(5), or
p.000148: (b) decides that there are grounds to do so but nonetheless decides not to do so.
p.000148: 4 (1) Where a person is suspended from office as the chair under paragraph 2(6), the Secretary of State may
p.000148: appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000148: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000148: (a) the period ending with either—
p.000148: (i) the appointment of a new chair, or
p.000148:
p.000148: Care Act 2014 (c. 23)
p.000148: Schedule 7 — The Health Research Authority Part 1 — Constitution
p.000149: 149
p.000149:
p.000149: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000149: (b) the remainder of the interim chair’s term as a non-executive member.
p.000149: (3) A person who ceases to be the interim chair is eligible for re-appointment.
p.000149: Non-executive members: pay
p.000149: 5 (1) The HRA must pay its non-executive members such remuneration as the Secretary of State may decide.
p.000149: (2) The HRA must pay, or provide for the payment of, such allowances or gratuities as the Secretary of
p.000149: State may decide to a person who is or has been a non-executive member of the HRA.
p.000149: Employees: terms of office
p.000149: 6 (1) Each executive member of the HRA is appointed as an employee of the HRA on such terms as it decides.
p.000149: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000149: (3) The HRA may appoint, on such terms as it decides, other persons as employees of the HRA (in
p.000149: addition to those appointed as executive members).
p.000149: Employees: pay
p.000149: 7 (1) The HRA must pay its employees such remuneration as it decides.
p.000149: (2) The HRA may pay, or provide for the payment of, such pensions, allowances or gratuities as
p.000149: it decides to or in respect of a person who is or has been an employee of the HRA.
p.000149: (3) Before making a decision about pay under this paragraph, the HRA must obtain the approval of the Secretary of
p.000149: State to its policy on the matter.
p.000149: Committees and sub-committees
p.000149: 8 (1) The HRA must appoint a committee for the purpose of giving advice—
p.000149: (a) to the HRA in connection with the exercise of the HRA’s function under regulation 5(1)(a) of the Health
p.000149: Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) (approval for processing
p.000149: confidential patient information);
p.000149: (b) to the Secretary of State in connection with the exercise of the Secretary of State’s functions under
p.000149: regulations 2, 3(4) and 5 of those Regulations (processing of confidential patient information);
p.000149: (c) to the Health and Social Care Information Centre in connection with—
p.000149: (i) the exercise by the Centre of functions conferred in regulations under section 251 of the
p.000149: National Health Service Act 2006 (processing of patient information for medical purposes);
p.000149: (ii) any publication or other dissemination by the Centre of information which is in a form which identifies
p.000149: an individual
p.000149:
p.000150: 150
p.000150: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000150: Part 1 — Constitution
p.000150:
p.000150: to whom the information relates or enables the identity of such an individual to be ascertained.
p.000150: (2) The HRA may appoint other committees and sub-committees.
p.000150: (3) The committee appointed under sub-paragraph (1) must consist of persons who are not members or employees of the
p.000150: HRA.
p.000150: (4) Any other committee or sub-committee may consist of or include such persons.
p.000150: (5) The HRA may pay such remuneration and allowances as it decides to a person who is a member of a
p.000150: committee or sub-committee, but is not an employee of the HRA, regardless of whether the person is a
p.000150: non-executive member of the HRA.
p.000150: 9 Regulations may provide for the committee appointed under paragraph 8(1) to be required, in giving
p.000150: advice, to have regard to specified factors or matters.
p.000150:
p.000150: Procedure
p.000150: 10 (1) The HRA may regulate its own procedure.
p.000150: (2) A vacancy among the members of the HRA, or a defect in the appointment of a member, does not affect the validity
p.000150: of any act of the HRA.
p.000150: Seal and evidence
p.000150: 11 (1) The application of the HRA’s seal must be authenticated by the signature of a member of the HRA or a
p.000150: person who has been authorised (whether generally or specifically) for the purpose.
p.000150: (2) A document purporting to be duly executed under the HRA’s seal or to be signed on its behalf must be received in
p.000150: evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000150: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000150: law of Scotland.
p.000150: Status of the HRA
p.000150: 12 (1) The HRA is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000150: immunity of the Crown.
...
Social / parents
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p.000050: and the child does so consent, or
p.000050: (b) the child lacks capacity or is not competent so to consent but the authority is satisfied that
p.000050: carrying out a child’s needs assessment would be in the child’s best interests.
p.000050: (4) Where a child refuses a child’s needs assessment and the consent condition is accordingly not met, the local
p.000050: authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or
p.000050: neglect.
p.000050: (5) Where a local authority, having received a request to carry out a child’s assessment from the child
p.000050: concerned or a parent or carer of the child, decides not to comply with the request, it must give the person
p.000050: who made the request—
p.000050: (a) written reasons for its decision, and
p.000050: (b) information and advice about what can be done to prevent or delay the development by the child of needs for care
p.000050: and support in the future.
p.000050: (6) “Parent”, in relation to a child, includes—
p.000050: (a) a parent of the child who does not have parental responsibility for the child, and
p.000050: (b) a person who is not a parent of the child but who has parental responsibility for the child.
p.000050: (7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for
p.000050: the child, whether or not under or by virtue of a contract or as voluntary work.
p.000050: (8) The reference to providing care includes a reference to providing practical or emotional support.
p.000050:
p.000050: 59 Child’s needs assessment: requirements etc.
p.000050: (1) A child’s needs assessment must include an assessment of—
p.000050: (a) the impact on the matters specified in section 1(2) of what the child’s needs for care and support are likely to
p.000050: be after the child becomes 18,
p.000050: (b) the outcomes that the child wishes to achieve in day-to-day life, and
p.000050: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000050: those outcomes.
p.000050: (2) A local authority, in carrying out a child’s needs assessment, must involve—
p.000050: (a) the child,
p.000050: (b) the child’s parents and any carer that the child has, and
p.000050: (c) any person whom the child or a parent or carer of the child requests the local authority to involve.
p.000050:
p.000050: Care Act 2014 (c. 23)
p.000051: 51
p.000051: Part 1 — Care and support
p.000051:
p.000051: (3) When carrying out a child’s needs assessment, a local authority must also consider whether, and if so
p.000051: to what extent, matters other than the provision of care and support could contribute to the achievement of the
p.000051: outcomes that the child wishes to achieve in day-to-day life.
p.000051: (4) Having carried out a child’s needs assessment, a local authority must give the child—
p.000051: (a) an indication as to whether any of the needs for care and support which it thinks the child is likely to have
p.000051: after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000051: (b) advice and information about—
p.000051: (i) what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;
p.000051: (ii) what can be done to prevent or delay the development by the child of needs for care and support in the future.
...
p.000051: assessment (and subsection (1) does not apply in the carer’s case).
p.000051: (4) Where, having refused a child’s carer’s assessment, a child’s carer requests the assessment, subsection (1)
p.000051: applies in the carer’s case (and subsection (3) does not).
p.000051:
p.000052: 52
p.000052: Care Act 2014 (c. 23)
p.000052: Part 1 — Care and support
p.000052:
p.000052: (5) Where a child’s carer has refused a child’s carer’s assessment and the local authority concerned thinks that
p.000052: the carer’s needs or circumstances have changed, subsection (1) applies in the carer’s case (but subject to
p.000052: further refusal as mentioned in subsection (3)).
p.000052: (6) Where a local authority, having received a request to carry out a child’s carer’s assessment from the carer
p.000052: concerned, decides not to comply with the request, it must give the carer—
p.000052: (a) written reasons for its decision, and
p.000052: (b) information and advice about what can be done to prevent or delay the development by the carer of needs for
p.000052: support in the future.
p.000052: (7) “Carer”, in relation to a child, means an adult (including one who is a parent of the child) who provides or
p.000052: intends to provide care for the child (but see subsection (8)).
p.000052: (8) An adult is not a carer for the purposes of this section if the adult provides or intends to provide care—
p.000052: (a) under or by virtue of a contract, or
p.000052: (b) as voluntary work.
p.000052: (9) But in a case where the local authority considers that the relationship between the child and the adult
p.000052: providing or intending to provide care is such that it would be appropriate for the adult to be regarded as a carer,
p.000052: the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).
p.000052: (10) The references to providing care include a reference to providing practical or emotional support.
p.000052:
p.000052: 61 Child’s carer’s assessment: requirements etc.
p.000052: (1) A child’s carer’s assessment must include an assessment of—
p.000052: (a) whether the carer is able to provide care for the child and is likely to continue to be able to do so after the
p.000052: child becomes 18,
p.000052: (b) whether the carer is willing to do so and is likely to continue to be willing to do so after the
p.000052: child becomes 18,
p.000052: (c) the impact on the matters specified in section 1(2) of what the carer’s needs for support are likely to be after
...
p.000053: needs are likely to be.
p.000053:
p.000054: 54
p.000054: Care Act 2014 (c. 23)
p.000054: Part 1 — Care and support
p.000054:
p.000054: (2) An assessment under subsection (1) is referred to in this Part as a “young carer’s assessment”.
p.000054: (3) The consent condition is met if—
p.000054: (a) the young carer has capacity or is competent to consent to a young carer’s assessment being
p.000054: carried out and the young carer does so consent, or
p.000054: (b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that
p.000054: carrying out a young carer’s assessment would be in the young carer’s best interests.
p.000054: (4) Where a young carer refuses a young carer’s assessment and the consent condition is accordingly not
p.000054: met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is
p.000054: at risk of, abuse or neglect.
p.000054: (5) Where a local authority, having received a request to carry out a young carer’s assessment from the young carer
p.000054: concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the
p.000054: request—
p.000054: (a) written reasons for its decision, and
p.000054: (b) advice and information about what can be done to prevent or delay the development by the young carer of needs
p.000054: for support in the future.
p.000054: (6) “Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection
p.000054: (7)).
p.000054: (7) A person is not a young carer for the purposes of this section if the person provides or intends to provide
p.000054: care—
p.000054: (a) under or by virtue of a contract, or
p.000054: (b) as voluntary work.
p.000054: (8) But in a case where the local authority considers that the relationship between the adult and the person under
p.000054: 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded
p.000054: as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in
p.000054: that case).
p.000054: (9) The references to providing care include a reference to providing practical or emotional support.
p.000054:
p.000054: 64 Young carer’s assessment: requirements etc.
p.000054: (1) A young carer’s assessment must include an assessment of—
p.000054: (a) whether the young carer is able to provide care for the person in question and is likely to continue
p.000054: to be able to do so after becoming 18,
p.000054: (b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
p.000054: (c) the impact on the matters specified in section 1(2) of what the young carer’s needs for support are likely to be
p.000054: after the young carer becomes 18,
p.000054: (d) the outcomes that the young carer wishes to achieve in day-to-day life, and
p.000054: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000054: those outcomes.
p.000054:
p.000054: Care Act 2014 (c. 23)
p.000055: 55
p.000055: Part 1 — Care and support
p.000055:
p.000055: (2) A local authority, in carrying out a young carer’s assessment, must have regard to—
p.000055: (a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after
p.000055: becoming 18),
p.000055: (b) the extent to which the young carer is participating in or wishes to participate in education,
p.000055: training or recreation (or is likely to wish to do so after becoming 18).
p.000055: (3) A local authority, in carrying out a young carer’s assessment, must involve—
p.000055: (a) the young carer,
p.000055: (b) the young carer’s parents, and
p.000055: (c) any person whom the young carer or a parent of the young carer requests the authority to involve.
p.000055: (4) When carrying out a young carer’s assessment, a local authority must also consider whether, and if so
p.000055: to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that
p.000055: the young carer wishes to achieve in day-to-day life.
p.000055: (5) Having carried out a young carer’s assessment, a local authority must give the young carer—
p.000055: (a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000055: (b) advice and information about—
p.000055: (i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18;
p.000055: (ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
p.000055: (6) But in a case where the young carer is not competent or lacks capacity to understand the things
p.000055: which the local authority is required to give under subsection (5), that subsection is to have effect as if for
p.000055: “must give the young carer” there were substituted “must give the young carer’s parents”.
...
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
p.000073: explained by the provision of this Act specified in the second column.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073: Abuse Accrued costs Adult
p.000073: Expression
p.000073: Provision
p.000073: Section 42(3)
p.000073: Section 15(5)
p.000073: Section 2(8)
p.000073:
p.000073: Adult needing care
p.000073: Authority under the Mental Capacity Act 2005 Best interests
p.000073: Section 10(3)
p.000073: Subsection (3) below
p.000073: Subsection (2) below
p.000073:
p.000074: 74
p.000074: Care Act 2014 (c. 23)
p.000074: Part 1 — Care and support
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Cap on care costs
p.000074: Expression
p.000074: Provision
p.000074: Section 15(4)
p.000074:
p.000074: Capacity, having or lacking Care and support plan Care account
p.000074: Carer (other than in sections 58 to 62) Carer’s assessment
p.000074: Child’s carer’s assessment Child’s needs assessment
p.000074: Daily living costs, amount attributable to Deferred payment agreement
p.000074: Direct payment Eligibility criteria Financial assessment Financial limit Financial year
p.000074: The health service Independent personal budget Local authority
p.000074: Needs assessment Parent
p.000074: Personal budget Registered care provider Support plan
p.000074: Well-being Young carer
p.000074: Young carer’s assessment
p.000074: Subsection (2) below
p.000074: Section 25
p.000074: Section 29
p.000074: Section 10(3)
p.000074: Sections 10(2) and 12(8) and (9)
p.000074: Section 60(2)
p.000074: Section 58(2)
p.000074: Section 15(8)
p.000074: Section 34
p.000074: Sections 31 and 32
p.000074: Section 13
p.000074: Section 17(5)
p.000074: Section 17(10)
p.000074: Section 126
p.000074: Section 126
p.000074: Section 28
p.000074: Section 1(4)
p.000074: Sections 9(2) and 12(8) and (9)
p.000074: Section 58(6)
p.000074: Section 26
p.000074: Section 48
p.000074: Section 25
p.000074: Section 1(2)
p.000074: Section 63(6)
p.000074: Section 63(2)
p.000074:
p.000074: (2) A reference in this Part to having or lacking capacity, or to a person’s best interests, is to be
p.000074: interpreted in accordance with the Mental Capacity Act 2005.
p.000074: (3) A reference in this Part to being authorised under the Mental Capacity Act 2005 is a reference to being
p.000074: authorised (whether in general or specific terms) as—
p.000074: (a) a donee of a lasting power of attorney granted under that Act, or
p.000074:
p.000074: Care Act 2014 (c. 23)
p.000075: 75
p.000075: Part 1 — Care and support
p.000075: (b) a deputy appointed by the Court of Protection under section 16(2)(b) of that Act.
p.000075: PART 2
p.000075: CARE STANDARDS
p.000075:
p.000075: Quality of services
p.000075:
p.000075: 81 Duty of candour
p.000075: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (5) insert—
...
Searching for indicator parents:
(return to top)
p.000050: (7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for
p.000050: the child, whether or not under or by virtue of a contract or as voluntary work.
p.000050: (8) The reference to providing care includes a reference to providing practical or emotional support.
p.000050:
p.000050: 59 Child’s needs assessment: requirements etc.
p.000050: (1) A child’s needs assessment must include an assessment of—
p.000050: (a) the impact on the matters specified in section 1(2) of what the child’s needs for care and support are likely to
p.000050: be after the child becomes 18,
p.000050: (b) the outcomes that the child wishes to achieve in day-to-day life, and
p.000050: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000050: those outcomes.
p.000050: (2) A local authority, in carrying out a child’s needs assessment, must involve—
p.000050: (a) the child,
p.000050: (b) the child’s parents and any carer that the child has, and
p.000050: (c) any person whom the child or a parent or carer of the child requests the local authority to involve.
p.000050:
p.000050: Care Act 2014 (c. 23)
p.000051: 51
p.000051: Part 1 — Care and support
p.000051:
p.000051: (3) When carrying out a child’s needs assessment, a local authority must also consider whether, and if so
p.000051: to what extent, matters other than the provision of care and support could contribute to the achievement of the
p.000051: outcomes that the child wishes to achieve in day-to-day life.
p.000051: (4) Having carried out a child’s needs assessment, a local authority must give the child—
p.000051: (a) an indication as to whether any of the needs for care and support which it thinks the child is likely to have
p.000051: after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000051: (b) advice and information about—
p.000051: (i) what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;
p.000051: (ii) what can be done to prevent or delay the development by the child of needs for care and support in the future.
p.000051: (5) But in a case where the child is not competent or lacks capacity to understand the things which the local
p.000051: authority is required to give under subsection (4), that subsection is to have effect as if for “must give
p.000051: the child” there were substituted “must give the child’s parents”.
p.000051: (6) Where a person to whom a child’s needs assessment relates becomes 18, the local authority must decide
p.000051: whether to treat the assessment as a needs assessment; and if the authority decides to do so, this Part applies
p.000051: to the child’s needs assessment as if it were a needs assessment that had been carried out after the person had become
p.000051: 18.
p.000051: (7) In considering what to decide under subsection (6), a local authority must have regard to—
p.000051: (a) when the child’s needs assessment was carried out, and
p.000051: (b) whether it appears to the authority that the circumstances of the person to whom the child’s needs assessment
p.000051: relates have changed in a way that might affect the assessment.
p.000051: (8) “Carer” has the same meaning as in section 58.
p.000051:
p.000051: 60 Assessment of a child’s carer’s needs for support
p.000051: (1) Where it appears to a local authority that a carer of a child is likely to have needs for support after the
p.000051: child becomes 18, the authority must, if it is satisfied that it would be of significant benefit to the carer to do so,
p.000051: assess—
...
p.000054:
p.000054: 64 Young carer’s assessment: requirements etc.
p.000054: (1) A young carer’s assessment must include an assessment of—
p.000054: (a) whether the young carer is able to provide care for the person in question and is likely to continue
p.000054: to be able to do so after becoming 18,
p.000054: (b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
p.000054: (c) the impact on the matters specified in section 1(2) of what the young carer’s needs for support are likely to be
p.000054: after the young carer becomes 18,
p.000054: (d) the outcomes that the young carer wishes to achieve in day-to-day life, and
p.000054: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000054: those outcomes.
p.000054:
p.000054: Care Act 2014 (c. 23)
p.000055: 55
p.000055: Part 1 — Care and support
p.000055:
p.000055: (2) A local authority, in carrying out a young carer’s assessment, must have regard to—
p.000055: (a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after
p.000055: becoming 18),
p.000055: (b) the extent to which the young carer is participating in or wishes to participate in education,
p.000055: training or recreation (or is likely to wish to do so after becoming 18).
p.000055: (3) A local authority, in carrying out a young carer’s assessment, must involve—
p.000055: (a) the young carer,
p.000055: (b) the young carer’s parents, and
p.000055: (c) any person whom the young carer or a parent of the young carer requests the authority to involve.
p.000055: (4) When carrying out a young carer’s assessment, a local authority must also consider whether, and if so
p.000055: to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that
p.000055: the young carer wishes to achieve in day-to-day life.
p.000055: (5) Having carried out a young carer’s assessment, a local authority must give the young carer—
p.000055: (a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000055: (b) advice and information about—
p.000055: (i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18;
p.000055: (ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
p.000055: (6) But in a case where the young carer is not competent or lacks capacity to understand the things
p.000055: which the local authority is required to give under subsection (5), that subsection is to have effect as if for
p.000055: “must give the young carer” there were substituted “must give the young carer’s parents”.
p.000055: (7) Where a person to whom a young carer’s assessment relates becomes 18, the local authority must decide
p.000055: whether to treat the assessment as a carer’s assessment; and if the authority decides to do so, this Part
p.000055: applies to the young carer’s assessment as if it were a carer’s assessment that had been carried out after the person
p.000055: had become 18.
p.000055: (8) In considering what to decide under subsection (7), a local authority must have regard to—
p.000055: (a) when the young carer’s assessment was carried out, and
p.000055: (b) whether it appears to the authority that the circumstances of the person to whom the young carer’s assessment
p.000055: relates have changed in a way that might affect the assessment.
p.000055:
p.000055: 65 Assessments under sections 58 to 64: further provision
p.000055: (1) Regulations under section 12—
p.000055: (a) may make such provision about carrying out a child’s needs assessment as they may make about
p.000055: carrying out a needs assessment;
p.000055:
p.000056: 56
p.000056: Care Act 2014 (c. 23)
p.000056: Part 1 — Care and support
p.000056:
p.000056: (b) may make such provision about carrying out a child’s carer’s assessment or a young carer’s
p.000056: assessment as they may make about carrying out a carer’s assessment.
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000032: agreement;
p.000032: (c) require statements or other information relating to specified matters, or in a specified form, to be included in
p.000032: such an agreement.
p.000032: (9) The regulations may make provision for the purpose of enabling local authorities to protect (for
p.000032: example, by registration) or enforce security obtained for the payment of the adult’s deferred amount or the payment of
p.000032: any interest or other amount referred to in subsection (1); and, for that purpose, the regulations may
p.000032: amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.
p.000032: (10) This section applies in relation to an agreement of the kind mentioned in section 34(8) as it
p.000032: applies in relation to a deferred payment agreement; and for that purpose—
p.000032: (a) the references in subsections (1), (3) and (5) to the adult’s deferred amount are to be read as
p.000032: references to the loan; and
p.000032: (b) the reference in subsection (9) to payment of the adult’s deferred amount is to be read as a reference
p.000032: to repayment of the loan.
p.000032:
p.000032: 36 Alternative financial arrangements
p.000032: (1) Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or
p.000032: permit a local authority to enter into alternative financial arrangements of a specified description with an adult.
p.000032: (2) “Alternative financial arrangements” means arrangements which in the Secretary of State’s opinion—
p.000032: (a) equate in substance to a deferred payment agreement or an agreement of the kind mentioned in section 34(8), but
p.000032: (b) achieve a similar effect to an agreement of the kind in question without including provision for the payment of
p.000032: interest.
p.000032: (3) The regulations may make provision in connection with alternative financial arrangements to which they apply,
p.000032: including, in particular, provision of the kind that may (or must) be made in regulations under section 34 or 35 (apart
p.000032: from provision for the payment of interest).
p.000032:
p.000032: Care Act 2014 (c. 23)
p.000033: 33
p.000033: Part 1 — Care and support
p.000033:
p.000033: Continuity of care and support when adult moves
p.000033:
p.000033: 37 Notification, assessment, etc.
p.000033: (1) This section applies where—
p.000033: (a) an adult’s needs for care and support are being met by a local authority (“the first authority”) under section
p.000033: 18 or 19,
p.000033: (b) the adult notifies another local authority (“the second authority”) (or that authority is notified on the
p.000033: adult’s behalf) that the adult intends to move to the area of the second authority, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (2) This section also applies where—
...
p.000100: (d) accommodation and facilities;
p.000100: (e) expenses;
p.000100: (f) objectives and functions;
p.000100: (g) accountability;
p.000100: (h) procedures for challenging decisions.
p.000100: (6) The HRA must ensure that the requirements imposed on research ethics committees in the REC policy
p.000100: document do not conflict with the requirements imposed on them by the Medicines for Human Use
p.000100: (Clinical Trials) Regulations 2004 (S.I. 2004/1031).
p.000100: (7) Before publishing the REC policy document, the HRA must consult—
p.000100: (a) the devolved authorities, and
p.000100: (b) such other persons as it considers appropriate.
p.000100: (8) The HRA may revise the REC policy document and, where it does so, it must publish the document as revised;
p.000100: subsection (7) applies to a revised policy document in so far as the HRA considers the revisions significant.
p.000100: (9) The HRA must indemnify the members of each research ethics committee it recognises or establishes under this
p.000100: Chapter against any liability to a third party for loss, damage or injury arising from the committee’s exercise
p.000100: of its functions in assessing the ethics of health or social care research.
p.000100:
p.000100: 113 Approval of research
p.000100: (1) The HRA must publish guidance about—
p.000100:
p.000100: Care Act 2014 (c. 23) Part 3 — Health
p.000100: Chapter 2 — Health Research Authority
p.000101: 101
p.000101:
p.000101: (a) the cases in which, in its opinion, good practice requires a person proposing to conduct health
p.000101: or social care research that involves individuals to obtain the approval of a research ethics committee
p.000101: recognised or established by the HRA under this Chapter, and
p.000101: (b) the cases in which an enactment requires a person proposing to conduct research of that kind to obtain
p.000101: that approval.
p.000101: (2) Before publishing guidance under subsection (1), the HRA must—
p.000101: (a) consult the devolved authorities and such other persons as the HRA considers appropriate, and
p.000101: (b) obtain the approval of the Secretary of State.
p.000101: (3) The HRA may revise guidance under subsection (1) and, where it does so, it must publish the guidance as
p.000101: revised; subsection (2) applies to revised guidance in so far as the HRA considers the revisions significant.
p.000101: (4) Schedule 8 (which amends various references to research ethics committees in secondary legislation) has effect.
p.000101:
p.000101: 114 Recognition by the HRA
p.000101: (1) The HRA may, on an application made by or on behalf of a group of persons, recognise the group as a research
p.000101: ethics committee which is capable of—
p.000101: (a) approving research of the kind referred to in section 113(1), and
p.000101: (b) giving such other approvals as enactments require.
p.000101: (2) The HRA may not recognise a group under this section unless it is satisfied that—
p.000101: (a) the group will, if recognised, comply with the requirements set out in the REC policy document, and
p.000101: (b) there is or will be a demand for such a group.
...
General/Other / Incapacitated
Searching for indicator incapacity:
(return to top)
p.000135: (d) no more than four other members appointed by the members appointed under paragraphs (a) and (b).
p.000135: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000135: (a) are not employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “non-executive members”.
p.000135: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000135: (a) are employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “executive members”.
p.000135: 2 (1) The members of HEE must include persons who have clinical expertise of a description specified in
p.000135: regulations.
p.000135: (2) The regulations may require—
p.000135: (a) a specified number of members to have that expertise;
p.000135: (b) a specified number of non-executive members to have that expertise;
p.000135: (c) a specified number of executive members to have that expertise.
p.000135: (3) The non-executive members of HEE must include a person who will represent the interests of patients.
p.000135: Non-executive members: terms of office
p.000135: 3 (1) A person holds office as a non-executive member of HEE on the terms of that person’s appointment.
p.000135: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000135: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000135: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000135: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000135: (a) incapacity;
p.000135: (b) misbehaviour;
p.000135: (c) failure to carry out his or her duties as a non-executive member.
p.000135:
p.000136: 136
p.000136: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000136: Part 1 — Constitution
p.000136:
p.000136: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000136: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000136:
p.000136: Non-executive members: suspension from office
p.000136: 4 (1) Having decided to suspend a person under paragraph 3(6), the Secretary of State must give notice of the
p.000136: decision to the person; and the suspension takes effect when the person receives the notice.
p.000136: (2) The notice may be—
p.000136: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
p.000136: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000136: the third day after the day on which it is posted).
p.000136: (3) The initial period of suspension must not exceed six months.
p.000136: (4) The Secretary of State may review the suspension.
p.000136: (5) The Secretary of State—
p.000136: (a) must review the suspension, if requested in writing by the person to do so, but
p.000136: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000136: suspension.
p.000136: (6) Following a review during a period of suspension, the Secretary of State may—
p.000136: (a) revoke the suspension, or
p.000136: (b) suspend the person for a period of no more than six months from the expiry of the current period.
...
p.000147: (b) at least three but no more than four other members appointed by the Secretary of State,
p.000147: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000147: (d) at least two but no more than three other members appointed by the members appointed under paragraphs (a) and
p.000147: (b).
p.000147: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000147: (a) are not employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “non-executive members”.
p.000147: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000147: (a) are employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “executive members”.
p.000147: (4) The number of non-executive members must exceed the number of executive members.
p.000147: Non-executive members: terms of office
p.000147: 2 (1) A person holds office as a non-executive member of the HRA on the terms of that person’s appointment.
p.000147: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000147: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000147:
p.000148: 148
p.000148: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000148: Part 1 — Constitution
p.000148:
p.000148: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000148: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000148: (a) incapacity;
p.000148: (b) misbehaviour;
p.000148: (c) failure to carry out his or her duties as a non-executive member.
p.000148: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000148: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000148:
p.000148: Non-executive members: suspension from office
p.000148: 3 (1) Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the
p.000148: decision to the person; and the suspension takes effect when the person receives the notice.
p.000148: (2) The notice may be—
p.000148: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
p.000148: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000148: the third day after the day on which it is posted).
p.000148: (3) The initial period of suspension must not exceed six months.
p.000148: (4) The Secretary of State may review the suspension.
p.000148: (5) The Secretary of State—
p.000148: (a) must review the suspension, if requested in writing by the person to do so, but
p.000148: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000148: suspension.
p.000148: (6) Following a review during a period of suspension, the Secretary of State may—
p.000148: (a) revoke the suspension, or
p.000148: (b) suspend the person for a period of no more than six months from the expiry of the current period.
p.000148: (7) The Secretary of State must revoke the suspension if the Secretary of State—
p.000148: (a) decides that there are no grounds to remove the person from office under paragraph 2(5), or
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.000002: Care Act 2014
p.000002: CHAPTER 23
p.000002:
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p.000002: Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
p.000002:
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p.000002: £23.25
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p.000002:
p.000002:
p.000002: Care Act 2014
p.000002: CHAPTER 23
p.000002:
p.000002: CONTENTS
p.000002:
p.000002: PART 1
p.000002: CARE AND SUPPORT
p.000002:
p.000002: General responsibilities of local authorities
p.000002: 1 Promoting individual well-being
p.000002: 2 Preventing needs for care and support
p.000002: 3 Promoting integration of care and support with health services etc.
p.000002: 4 Providing information and advice
p.000002: 5 Promoting diversity and quality in provision of services
p.000002: 6 Co-operating generally
p.000002: 7 Co-operating in specific cases
p.000002:
p.000002: Meeting needs for care etc.
p.000002: 8 How to meet needs
p.000002:
p.000002: Assessing needs
p.000002: 9 Assessment of an adult’s needs for care and support
p.000002: 10 Assessment of a carer’s needs for support
p.000002: 11 Refusal of assessment
p.000002: 12 Assessments under sections 9 and 10: further provision
p.000002: 13 The eligibility criteria
p.000002:
p.000002: Charging and assessing financial resources
p.000002: 14 Power of local authority to charge
p.000002: 15 Cap on care costs
p.000002: 16 Cap on care costs: annual adjustment
p.000002: 17 Assessment of financial resources
p.000002:
p.000002: ii
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002: Duties and powers to meet needs
p.000002: 18 Duty to meet needs for care and support
p.000002: 19 Power to meet needs for care and support
p.000002: 20 Duty and power to meet a carer’s needs for support
p.000002: 21 Exception for persons subject to immigration control
p.000002: 22 Exception for provision of health services
p.000002: 23 Exception for provision of housing etc.
p.000002:
p.000002: Next steps after assessments
p.000002: 24 The steps for the local authority to take
p.000002: 25 Care and support plan, support plan
p.000002: 26 Personal budget
p.000002: 27 Review of care and support plan or of support plan
p.000002: 28 Independent personal budget
p.000002: 29 Care account
p.000002: 30 Cases where adult expresses preference for particular accommodation
p.000002:
p.000002: Direct payments
p.000002: 31 Adults with capacity to request direct payments
p.000002: 32 Adults without capacity to request direct payments
p.000002: 33 Direct payments: further provision
p.000002:
p.000002: Deferred payment agreements, etc.
p.000002: 34 Deferred payment agreements and loans
p.000002: 35 Deferred payment agreements and loans: further provision
p.000002: 36 Alternative financial arrangements
p.000002:
p.000002: Continuity of care and support when adult moves
p.000002: 37 Notification, assessment, etc.
p.000002: 38 Case where assessments not complete on day of move
p.000002:
p.000002: Establishing where a person lives, etc.
p.000002: 39 Where a person’s ordinary residence is
p.000002: 40 Disputes about ordinary residence or continuity of care
p.000002: 41 Financial adjustments between local authorities
p.000002:
p.000002: Safeguarding adults at risk of abuse or neglect
p.000002: 42 Enquiry by local authority
p.000002: 43 Safeguarding Adults Boards
p.000002: 44 Safeguarding adults reviews
p.000002: 45 Supply of information
p.000002: 46 Abolition of local authority’s power to remove persons in need of care
p.000002: 47 Protecting property of adults being cared for away from home
p.000002:
p.000002: Provider failure
p.000002: 48 Temporary duty on local authority
p.000002: 49 Section 48: cross-border cases
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: iii
p.000002:
p.000002:
p.000002: 50 Temporary duty on local authority in Wales
p.000002: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000002: 52 Sections 48 to 51: supplementary
p.000002:
p.000002: Market oversight
p.000002: 53 Specifying criteria for application of market oversight regime
p.000002: 54 Determining whether criteria apply to care provider
p.000002: 55 Assessment of financial sustainability of care provider
p.000002: 56 Informing local authorities where failure of care provider likely
p.000002: 57 Sections 54 to 56: supplementary
p.000002:
p.000002: Transition for children to adult care and support, etc.
p.000002: 58 Assessment of a child’s needs for care and support
p.000002: 59 Child’s needs assessment: requirements etc.
p.000002: 60 Assessment of a child’s carer’s needs for support
p.000002: 61 Child’s carer’s assessment: requirements etc.
p.000002: 62 Power to meet child’s carer’s needs for support
p.000002: 63 Assessment of a young carer’s needs for support
p.000002: 64 Young carer’s assessment: requirements etc.
p.000002: 65 Assessments under sections 58 to 64: further provision
p.000002: 66 Continuity of services under other legislation
p.000002:
p.000002: Independent advocacy support
p.000002: 67 Involvement in assessments, plans etc.
p.000002: 68 Safeguarding enquiries and reviews
p.000002:
p.000002: Enforcement of debts
p.000002: 69 Recovery of charges, interest etc.
p.000002: 70 Transfer of assets to avoid charges
p.000002:
p.000002: Review of funding provisions
p.000002: 71 Five-yearly review by Secretary of State
p.000002:
p.000002: Appeals
p.000002: 72 Part 1 appeals
p.000002:
p.000002: Miscellaneous
p.000002: 73 Human Rights Act 1998: provision of regulated care or support etc a public function
p.000002: 74 Discharge of hospital patients with care and support needs
p.000002: 75 After-care under the Mental Health Act 1983
p.000002: 76 Prisoners and persons in approved premises etc.
p.000002: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000002: 78 Guidance, etc.
p.000002: 79 Delegation of local authority functions
p.000002:
p.000002: iv
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 80 Part 1: interpretation
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 81 Duty of candour
p.000002: 82 Warning notice
p.000002: General
p.000002:
p.000002:
p.000002: PART 2
p.000002: CARE STANDARDS
p.000002:
p.000002: Quality of services
p.000002: 83 Imposition of licence conditions on NHS foundation trusts
p.000002: 84 Trust special administration: appointment of administrator
p.000002: 85 Trust special administration: objective, consultation and reports
p.000002:
p.000002: Care Quality Commission
p.000002: 86 Restriction on applications for variation or removal of conditions
p.000002: 87 Rights of appeal
p.000002: 88 Unitary board
p.000002:
p.000002: Increasing the independence of the Care Quality Commission
p.000002: 89 Chief Inspectors
p.000002: 90 Independence of the Care Quality Commission
p.000002:
p.000002: Performance ratings
p.000002: 91 Reviews and performance assessments
p.000002:
p.000002: False or misleading information
p.000002: 92 Offence
p.000002: 93 Penalties
p.000002: 94 Offences by bodies
p.000002:
p.000002: Regulated activities
p.000002: 95 Training for persons working in regulated activity
p.000002: PART 3 HEALTH CHAPTER 1
p.000002: HEALTH EDUCATION ENGLAND
p.000002:
p.000002: Establishment
p.000002: 96 Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: v
p.000002:
p.000002:
p.000002: National functions
p.000002: 97 Planning education and training for health care workers etc.
p.000002: 98 Ensuring sufficient skilled health care workers for the health service
p.000002: 99 Quality improvement in education and training, etc.
p.000002: 100 Objectives, priorities and outcomes
p.000002: 101 Sections 98 and 100: matters to which HEE must have regard
p.000002: 102 Advice
p.000002:
p.000002: Local functions
p.000002: 103 Local Education and Training Boards
p.000002: 104 LETBs: appointment etc.
p.000002: 105 LETBs: co-operation by providers of health services
p.000002: 106 Education and training plans
p.000002: 107 Commissioning education and training
p.000002:
p.000002:
p.000002:
p.000002: 108 Tariffs
p.000002: Tariffs
p.000002:
p.000002:
p.000002: CHAPTER 2
p.000002: HEALTH RESEARCH AUTHORITY
p.000002:
p.000002: Establishment
p.000002: 109 The Health Research Authority
p.000002:
p.000002: General functions
p.000002: 110 The HRA’s functions
p.000002:
p.000002: Regulatory practice
p.000002: 111 Co-ordinating and promoting regulatory practice etc.
p.000002:
p.000002: Research ethics committees
p.000002: 112 The HRA’s policy on research ethics committees
p.000002: 113 Approval of research
p.000002: 114 Recognition by the HRA
p.000002: 115 Establishment by the HRA
p.000002: 116 Membership of the United Kingdom Ethics Committee Authority
p.000002:
p.000002: Patient information
p.000002: 117 Approval for processing confidential patient information
p.000002:
p.000002: vi
p.000002: Care Act 2014 (c. 23)
p.000002:
p.000002:
p.000002: CHAPTER 3
p.000002: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000002:
p.000002: Miscellaneous
p.000002: 118 Transfer orders
p.000002:
p.000002: General
p.000002: 119 Chapters 1 and 2: interpretation and supplementary provision
p.000002: CHAPTER 4
p.000002: TRUST SPECIAL ADMINISTRATION
p.000002: 120 Powers of administrator etc.
p.000002:
p.000002: PART 4
p.000002: HEALTH AND SOCIAL CARE
p.000002:
p.000002: Integration fund
p.000002: 121 Integration of care and support with health services etc: integration fund
p.000002:
p.000002: Information
p.000002: 122 The Health and Social Care Information Centre: restrictions on dissemination of information
p.000002:
p.000002: PART 5
p.000002: GENERAL
p.000002: 123 Power to make consequential provision
p.000002: 124 Power to make transitional etc. provision
p.000002: 125 Regulations and orders
p.000002: 126 General interpretation
p.000002: 127 Commencement
p.000002: 128 Extent and application
p.000002: 129 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — Cross-border placements Schedule 2 — Safeguarding Adults Boards
p.000002: Schedule 3 — Discharge of hospital patients with care and support needs Schedule 4 — Direct payments: after-care under
p.000002: the Mental Health Act 1983
p.000002: Part 1 — After-care under the Mental Health Act 1983: direct payments Part 2 — Provision to be inserted in Social
p.000002: Services and Well-Being
p.000002: (Wales) Act 2014
p.000002: Schedule 5 — Health Education England
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000002: vii
p.000002:
p.000002:
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments Schedule 6 — Local Education and Training Boards Schedule 7 — The Health Research
p.000002: Authority
p.000002: Part 1 — Constitution Part 2 — Functions
p.000002: Part 3 — Finance and reports
p.000002: Part 4 — Consequential amendments
p.000002: Schedule 8 — Research ethics committees: amendments
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 23
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Care Act 2014
p.000002: 2014 CHAPTER 23
p.000002:
p.000002: An Act to make provision to reform the law relating to care and support for adults and the law relating to
p.000002: support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision
p.000002: about care standards; to establish and make provision about Health Education England; to establish and make provision
p.000002: about the Health Research Authority; to make provision about integrating care and support with health services;
p.000002: and for connected purposes. [14th May 2014]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002:
p.000002: PART 1
p.000002: CARE AND SUPPORT
p.000002:
p.000002: General responsibilities of local authorities
p.000002:
p.000002: 1 Promoting individual well-being
p.000002: (1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is
p.000002: to promote that individual’s well-being.
p.000002: (2) “Well-being”, in relation to an individual, means that individual’s well-being so far as relating to any of the
p.000002: following—
p.000002: (a) personal dignity (including treatment of the individual with respect);
p.000002: (b) physical and mental health and emotional well-being;
p.000002: (c) protection from abuse and neglect;
p.000002: (d) control by the individual over day-to-day life (including over care and support, or support, provided to the
p.000002: individual and the way in which it is provided);
p.000002:
p.000002: 2
p.000002: Care Act 2014 (c. 23)
p.000002: Part 1 — Care and support
p.000002:
p.000002: (e) participation in work, education, training or recreation;
p.000002: (f) social and economic well-being;
p.000002: (g) domestic, family and personal relationships;
p.000002: (h) suitability of living accommodation;
p.000002: (i) the individual’s contribution to society.
p.000002: (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the
p.000002: following matters in particular—
p.000002: (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual’s
p.000002: well-being;
p.000002: (b) the individual’s views, wishes, feelings and beliefs;
p.000002: (c) the importance of preventing or delaying the development of needs for care and support or needs for support and
p.000002: the importance of reducing needs of either kind that already exist;
p.000002: (d) the need to ensure that decisions about the individual are made having regard to all the individual’s
p.000002: circumstances (and are not based only on the individual’s age or appearance or any condition of the individual’s or
p.000002: aspect of the individual’s behaviour which might lead others to make unjustified assumptions about the
p.000002: individual’s well-being);
p.000002: (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the
p.000002: function concerned and being provided with the information and support necessary to enable the individual to
p.000002: participate;
p.000002: (f) the importance of achieving a balance between the individual’s well- being and that of any friends or relatives
p.000002: who are involved in caring for the individual;
p.000002: (g) the need to protect people from abuse and neglect;
p.000002: (h) the need to ensure that any restriction on the individual’s rights or freedom of action that is
p.000002: involved in the exercise of the function is kept to the minimum necessary for achieving the purpose for which
p.000002: the function is being exercised.
p.000002: (4) “Local authority” means—
p.000002: (a) a county council in England,
p.000002: (b) a district council for an area in England for which there is no county council,
p.000002: (c) a London borough council, or
p.000002: (d) the Common Council of the City of London.
p.000002:
p.000002: 2 Preventing needs for care and support
p.000002: (1) A local authority must provide or arrange for the provision of services, facilities or resources, or
p.000002: take other steps, which it considers will—
p.000002: (a) contribute towards preventing or delaying the development by adults in its area of needs for care and support;
p.000002: (b) contribute towards preventing or delaying the development by carers in its area of needs for support;
p.000002: (c) reduce the needs for care and support of adults in its area;
p.000002: (d) reduce the needs for support of carers in its area.
p.000002: (2) In performing that duty, a local authority must have regard to—
p.000002:
p.000002: Care Act 2014 (c. 23)
p.000003: 3
p.000003: Part 1 — Care and support
p.000003:
p.000003: (a) the importance of identifying services, facilities and resources already available in the authority’s area and
p.000003: the extent to which the authority could involve or make use of them in performing that duty;
p.000003: (b) the importance of identifying adults in the authority’s area with needs for care and support which are not
p.000003: being met (by the authority or otherwise);
p.000003: (c) the importance of identifying carers in the authority’s area with needs for support which are not being met (by
p.000003: the authority or otherwise).
p.000003: (3) Regulations may—
p.000003: (a) permit a local authority to make a charge for providing or arranging for the provision of services,
p.000003: facilities or resources, or for taking other steps, under this section;
p.000003: (b) prohibit a local authority from making a charge it would otherwise be permitted to make by virtue of paragraph
p.000003: (a).
p.000003: (4) The regulations may in particular (in reliance on section 125(7)) make provision by reference to
p.000003: services, facilities or resources which—
p.000003: (a) are of a specified type;
p.000003: (b) are provided in specified circumstances;
p.000003: (c) are provided to an adult of a specified description;
p.000003: (d) are provided for a specified period only.
p.000003: (5) A charge under the regulations may cover only the cost that the local authority incurs in providing or
p.000003: arranging for the provision of the service, facility or resource or for taking the other step.
p.000003: (6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other local
p.000003: authorities in relation to the authorities’ combined area—
p.000003: (a) references in this section to a local authority are to be read as references to the authorities acting jointly,
p.000003: and
p.000003: (b) references in this section to a local authority’s area are to be read as references to the combined area.
p.000003: (7) Sections 21 (exception for persons subject to immigration control), 22 (exception for
p.000003: provision of health services) and 23 (exception for provision of housing etc.) apply in relation to the duty under
p.000003: subsection (1), but with the modifications set out in those sections.
p.000003: (8) “Adult” means a person aged 18 or over.
p.000003:
p.000003: 3 Promoting integration of care and support with health services etc.
p.000003: (1) A local authority must exercise its functions under this Part with a view to ensuring the integration of care
p.000003: and support provision with health provision and health-related provision where it considers that this would—
p.000003: (a) promote the well-being of adults in its area with needs for care and support and the well-being of carers in its
p.000003: area,
p.000003: (b) contribute to the prevention or delay of the development by adults in its area of needs for care and support or
p.000003: the development by carers in its area of needs for support, or
p.000003: (c) improve the quality of care and support for adults, and of support for carers, provided in its area (including
p.000003: the outcomes that are achieved from such provision).
p.000003:
p.000004: 4
p.000004: Care Act 2014 (c. 23)
p.000004: Part 1 — Care and support
p.000004:
p.000004: (2) “Care and support provision” means—
p.000004: (a) provision to meet adults’ needs for care and support,
p.000004: (b) provision to meet carers’ needs for support, and
p.000004: (c) provision of services, facilities or resources, or the taking of other steps, under section 2.
p.000004: (3) “Health provision” means provision of health services as part of the health service.
p.000004: (4) “Health-related provision” means provision of services which may have an effect on the health of
p.000004: individuals but which are not—
p.000004: (a) health services provided as part of the health service, or
p.000004: (b) services provided in the exercise of social services functions (as defined by section 1A of the Local Authority
p.000004: Social Services Act 1970).
p.000004: (5) For the purposes of this section, the provision of housing is health-related provision.
p.000004: (6) In section 13N of the National Health Service Act 2006 (duty of NHS Commissioning Board to promote
p.000004: integration), at the end insert—
p.000004: “(5) For the purposes of this section, the provision of housing accommodation is a
p.000004: health-related service.”
p.000004: (7) In section 14Z1 of that Act (duty of clinical commissioning groups to promote integration), at the end insert—
p.000004: “(4) For the purposes of this section, the provision of housing accommodation is a
p.000004: health-related service.”
p.000004:
p.000004: 4 Providing information and advice
p.000004: (1) A local authority must establish and maintain a service for providing people in its area with information and
p.000004: advice relating to care and support for adults and support for carers.
p.000004: (2) The service must provide information and advice on the following matters in particular—
p.000004: (a) the system provided for by this Part and how the system operates in the authority’s area,
p.000004: (b) the choice of types of care and support, and the choice of providers, available to those who are in the
p.000004: authority’s area,
p.000004: (c) how to access the care and support that is available,
p.000004: (d) how to access independent financial advice on matters relevant to the meeting of needs for care and support, and
p.000004: (e) how to raise concerns about the safety or well-being of an adult who has needs for care and support.
p.000004: (3) In providing information and advice under this section, a local authority must in particular—
p.000004: (a) have regard to the importance of identifying adults in the authority’s area who would be likely to benefit from
p.000004: financial advice on matters relevant to the meeting of needs for care and support, and
p.000004: (b) seek to ensure that what it provides is sufficient to enable adults—
p.000004:
p.000004: Care Act 2014 (c. 23)
p.000005: 5
p.000005: Part 1 — Care and support
p.000005:
p.000005: (i) to identify matters that are or might be relevant to their personal financial position that could be affected by
p.000005: the system provided for by this Part,
p.000005: (ii) to make plans for meeting needs for care and support that might arise, and
p.000005: (iii) to understand the different ways in which they may access independent financial advice on matters
p.000005: relevant to the meeting of needs for care and support.
p.000005: (4) Information and advice provided under this section must be accessible to, and proportionate to the needs of,
p.000005: those for whom it is being provided.
p.000005: (5) “Independent financial advice” means financial advice provided by a person who is independent of the local
p.000005: authority in question.
p.000005: (6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other
p.000005: local authorities by establishing and maintaining a service for their combined area—
p.000005: (a) references in this section to a local authority are to be read as references to the authorities acting jointly,
p.000005: and
p.000005: (b) references in this section to a local authority’s area are to be read as references to the combined area.
p.000005:
p.000005: 5 Promoting diversity and quality in provision of services
p.000005: (1) A local authority must promote the efficient and effective operation of a market in services for meeting care
p.000005: and support needs with a view to ensuring that any person in its area wishing to access services in the market—
p.000005: (a) has a variety of providers to choose from who (taken together) provide a variety of services;
p.000005: (b) has a variety of high quality services to choose from;
p.000005: (c) has sufficient information to make an informed decision about how to meet the needs in question.
p.000005: (2) In performing that duty, a local authority must have regard to the following matters in particular—
p.000005: (a) the need to ensure that the authority has, and makes available, information about the providers of
p.000005: services for meeting care and support needs and the types of services they provide;
p.000005: (b) the need to ensure that it is aware of current and likely future demand for such services and to consider
p.000005: how providers might meet that demand;
p.000005: (c) the importance of enabling adults with needs for care and support, and carers with needs for support, who wish
p.000005: to do so to participate in work, education or training;
p.000005: (d) the importance of ensuring the sustainability of the market (in circumstances where it
p.000005: is operating effectively as well as in circumstances where it is not);
p.000005: (e) the importance of fostering continuous improvement in the quality of such services and the efficiency and
p.000005: effectiveness with which such services are provided and of encouraging innovation in their provision;
p.000005: (f) the importance of fostering a workforce whose members are able to ensure the delivery of high quality
p.000005: services (because, for example, they have relevant skills and appropriate working conditions).
p.000005:
p.000006: 6
p.000006: Care Act 2014 (c. 23)
p.000006: Part 1 — Care and support
p.000006:
p.000006: (3) In having regard to the matters mentioned in subsection (2)(b), a local authority must also have
p.000006: regard to the need to ensure that sufficient services are available for meeting the needs for care and support of
p.000006: adults in its area and the needs for support of carers in its area.
p.000006: (4) In arranging for the provision by persons other than it of services for meeting care and support needs, a local
p.000006: authority must have regard to the importance of promoting the well-being of adults in its area with needs
p.000006: for care and support and the well-being of carers in its area.
p.000006: (5) In meeting an adult’s needs for care and support or a carer’s needs for support, a local authority must have
p.000006: regard to its duty under subsection (1).
p.000006: (6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other local
p.000006: authorities in relation to persons who are in the authorities’ combined area—
p.000006: (a) references in this section to a local authority are to be read as references to the authorities acting jointly,
p.000006: and
p.000006: (b) references in this section to a local authority’s area are to be read as references to the combined area.
p.000006: (7) “Services for meeting care and support needs” means—
p.000006: (a) services for meeting adults’ needs for care and support, and
p.000006: (b) services for meeting carers’ needs for support.
p.000006: (8) The references in subsection (7) to services for meeting needs include a reference to services,
p.000006: facilities or resources the purpose of which is to contribute towards preventing or delaying the development of
p.000006: those needs.
p.000006:
p.000006: 6 Co-operating generally
p.000006: (1) A local authority must co-operate with each of its relevant partners, and each relevant partner must co-operate
p.000006: with the authority, in the exercise of—
p.000006: (a) their respective functions relating to adults with needs for care and support,
p.000006: (b) their respective functions relating to carers, and
p.000006: (c) functions of theirs the exercise of which is relevant to functions referred to in paragraph (a) or (b).
p.000006: (2) A local authority must co-operate, in the exercise of its functions under this Part, with such other persons
p.000006: as it considers appropriate who exercise functions, or are engaged in activities, in the authority’s area
p.000006: relating to adults with needs for care and support or relating to carers.
p.000006: (3) The following are examples of persons with whom a local authority may consider it appropriate to
p.000006: co-operate for the purposes of subsection (2)—
p.000006: (a) a person who provides services to meet adults’ needs for care and support, services to meet carers’
p.000006: needs for support or services, facilities or resources of the kind referred to in section 2(1);
p.000006: (b) a person who provides primary medical services, primary dental services, primary ophthalmic services,
p.000006: pharmaceutical services or local pharmaceutical services under the National Health Service Act 2006;
p.000006: (c) a person in whom a hospital in England is vested which is not a health service hospital as defined by that Act;
p.000006: (d) a private registered provider of social housing.
p.000006:
p.000006: Care Act 2014 (c. 23)
p.000007: 7
p.000007: Part 1 — Care and support
p.000007:
p.000007: (4) A local authority must make arrangements for ensuring co-operation between—
p.000007: (a) the officers of the authority who exercise the authority’s functions relating to adults with needs
p.000007: for care and support or its functions relating to carers,
p.000007: (b) the officers of the authority who exercise the authority’s functions relating to housing (in so
p.000007: far as the exercise of those functions is relevant to functions referred to in paragraph (a)),
p.000007: (c) the Director of Children’s Services at the authority (in so far as the exercise of functions by that
p.000007: officer is relevant to the functions referred to in paragraph (a)), and
p.000007: (d) the authority’s director of public health (see section 73A of the National Health Service Act 2006).
p.000007: (5) The references in subsections (1) and (4)(a) to a local authority’s functions include a reference
p.000007: to the authority’s functions under sections 58 to 65 (transition for children with needs etc.).
p.000007: (6) The duties under subsections (1) to (4) are to be performed for the following purposes in particular—
p.000007: (a) promoting the well-being of adults with needs for care and support and of carers in the authority’s area,
p.000007: (b) improving the quality of care and support for adults and support for carers provided in the authority’s area
p.000007: (including the outcomes that are achieved from such provision),
p.000007: (c) smoothing the transition to the system provided for by this Part for persons in relation to whom
p.000007: functions under sections 58 to 65 are exercisable,
p.000007: (d) protecting adults with needs for care and support who are experiencing, or are at risk of,
p.000007: abuse or neglect, and
p.000007: (e) identifying lessons to be learned from cases where adults with needs for care and support have experienced
p.000007: serious abuse or neglect and applying those lessons to future cases.
p.000007: (7) Each of the following is a relevant partner of a local authority—
p.000007: (a) where the authority is a county council for an area for which there are district councils, each district
p.000007: council;
p.000007: (b) any local authority, or district council for an area in England for which there is a county council, with which
p.000007: the authority agrees it would be appropriate to co-operate under this section;
p.000007: (c) each NHS body in the authority’s area;
p.000007: (d) the Minister of the Crown exercising functions in relation to social security, employment and
p.000007: training, so far as those functions are exercisable in relation to England;
p.000007: (e) the chief officer of police for a police area the whole or part of which is in the authority’s area;
p.000007: (f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable
p.000007: in relation to England;
p.000007: (g) a relevant provider of probation services in the authority’s area;
p.000007: (h) such person, or a person of such description, as regulations may specify.
p.000007: (8) The reference to an NHS body in a local authority’s area is a reference to—
p.000007:
p.000008: 8
p.000008: Care Act 2014 (c. 23)
p.000008: Part 1 — Care and support
p.000008:
p.000008: (a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to
p.000008: the authority’s area,
p.000008: (b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
p.000008: (c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
p.000008: (9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
p.000008: (10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act
p.000008: 2003.
p.000008:
p.000008: 7 Co-operating in specific cases
p.000008: (1) Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not
p.000008: one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for
p.000008: care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners,
p.000008: requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs
p.000008: for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply
p.000008: with the request unless it considers that doing so—
p.000008: (a) would be incompatible with its own duties, or
p.000008: (b) would otherwise have an adverse effect on the exercise of its functions.
p.000008: (3) A person who decides not to comply with a request under subsection (1) or (2) must give the person who made the
p.000008: request written reasons for the decision.
p.000008: (4) “Relevant partner”, in relation to a local authority, has the same meaning as in section 6.
p.000008: (5) “Carer of a child” means a person who is a carer for the purposes of section 60.
p.000008:
p.000008: Meeting needs for care etc.
p.000008:
p.000008: 8 How to meet needs
p.000008: (1) The following are examples of what may be provided to meet needs under sections 18 to 20—
p.000008: (a) accommodation in a care home or in premises of some other type;
p.000008: (b) care and support at home or in the community;
p.000008: (c) counselling and other types of social work;
p.000008: (d) goods and facilities;
p.000008: (e) information, advice and advocacy.
p.000008: (2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20—
p.000008: (a) by arranging for a person other than it to provide a service;
p.000008:
p.000008: Care Act 2014 (c. 23)
p.000009: 9
p.000009: Part 1 — Care and support
p.000009:
p.000009: (b) by itself providing a service;
p.000009: (c) by making direct payments.
p.000009: (3) “Care home” has the meaning given by section 3 of the Care Standards Act 2000.
p.000009:
p.000009: Assessing needs
p.000009:
p.000009: 9 Assessment of an adult’s needs for care and support
p.000009: (1) Where it appears to a local authority that an adult may have needs for care and support, the authority must
p.000009: assess—
p.000009: (a) whether the adult does have needs for care and support, and
p.000009: (b) if the adult does, what those needs are.
p.000009: (2) An assessment under subsection (1) is referred to in this Part as a “needs assessment”.
p.000009: (3) The duty to carry out a needs assessment applies regardless of the authority’s view of—
p.000009: (a) the level of the adult’s needs for care and support, or
p.000009: (b) the level of the adult’s financial resources.
p.000009: (4) A needs assessment must include an assessment of—
p.000009: (a) the impact of the adult’s needs for care and support on the matters specified in section 1(2),
p.000009: (b) the outcomes that the adult wishes to achieve in day-to-day life, and
p.000009: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000009: those outcomes.
p.000009: (5) A local authority, in carrying out a needs assessment, must involve—
p.000009: (a) the adult,
p.000009: (b) any carer that the adult has, and
p.000009: (c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority
p.000009: to do that, any person who appears to the authority to be interested in the adult’s welfare.
p.000009: (6) When carrying out a needs assessment, a local authority must also consider—
p.000009: (a) whether, and if so to what extent, matters other than the provision of care and support could contribute to the
p.000009: achievement of the outcomes that the adult wishes to achieve in day-to-day life, and
p.000009: (b) whether the adult would benefit from the provision of anything under section 2 or 4 or of anything
p.000009: which might be available in the community.
p.000009: (7) This section is subject to section 11(1) to (4) (refusal by adult of assessment).
p.000009:
p.000009: 10 Assessment of a carer’s needs for support
p.000009: (1) Where it appears to a local authority that a carer may have needs for support (whether currently or in the
p.000009: future), the authority must assess—
p.000009: (a) whether the carer does have needs for support (or is likely to do so in the future), and
p.000009: (b) if the carer does, what those needs are (or are likely to be in the future).
p.000009:
p.000010: 10
p.000010: Care Act 2014 (c. 23)
p.000010: Part 1 — Care and support
p.000010:
p.000010: (2) An assessment under subsection (1) is referred to in this Part as a “carer’s assessment”.
p.000010: (3) “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but
p.000010: see subsections (9) and (10).
p.000010: (4) The duty to carry out a carer’s assessment applies regardless of the authority’s view of—
p.000010: (a) the level of the carer’s needs for support, or
p.000010: (b) the level of the carer’s financial resources or of those of the adult needing care.
p.000010: (5) A carer’s assessment must include an assessment of—
p.000010: (a) whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care,
p.000010: (b) whether the carer is willing, and is likely to continue to be willing, to do so,
p.000010: (c) the impact of the carer’s needs for support on the matters specified in section 1(2),
p.000010: (d) the outcomes that the carer wishes to achieve in day-to-day life, and
p.000010: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000010: those outcomes.
p.000010: (6) A local authority, in carrying out a carer’s assessment, must have regard to—
p.000010: (a) whether the carer works or wishes to do so, and
p.000010: (b) whether the carer is participating in or wishes to participate in education, training or recreation.
p.000010: (7) A local authority, in carrying out a carer’s assessment, must involve—
p.000010: (a) the carer, and
p.000010: (b) any person whom the carer asks the authority to involve.
p.000010: (8) When carrying out a carer’s assessment, a local authority must also consider—
p.000010: (a) whether, and if so to what extent, matters other than the provision of support could contribute to the
p.000010: achievement of the outcomes that the carer wishes to achieve in day-to-day life, and
p.000010: (b) whether the carer would benefit from the provision of anything under section 2 or 4 or of anything
p.000010: which might be available in the community.
p.000010: (9) An adult is not to be regarded as a carer if the adult provides or intends to provide care—
p.000010: (a) under or by virtue of a contract, or
p.000010: (b) as voluntary work.
p.000010: (10) But in a case where the local authority considers that the relationship between the adult needing care and the
p.000010: adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a
p.000010: carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).
p.000010: (11) The references in this section to providing care include a reference to providing practical or emotional
p.000010: support.
p.000010: (12) This section is subject to section 11(5) to (7) (refusal by carer of assessment).
p.000010:
p.000010: Care Act 2014 (c. 23)
p.000011: 11
p.000011: Part 1 — Care and support
p.000011:
p.000011: 11 Refusal of assessment
p.000011: (1) Where an adult refuses a needs assessment, the local authority concerned is not required to carry out the
p.000011: assessment (and section 9(1) does not apply in the adult’s case).
p.000011: (2) But the local authority may not rely on subsection (1) (and so must carry out a needs assessment) if—
p.000011: (a) the adult lacks capacity to refuse the assessment and the authority is satisfied that carrying out the
p.000011: assessment would be in the adult’s best interests, or
p.000011: (b) the adult is experiencing, or is at risk of, abuse or neglect.
p.000011: (3) Where, having refused a needs assessment, an adult requests the assessment, section 9(1) applies in the adult’s
p.000011: case (and subsection (1) above does not).
p.000011: (4) Where an adult has refused a needs assessment and the local authority concerned thinks that the
p.000011: adult’s needs or circumstances have changed, section 9(1) applies in the adult’s case (but subject to further refusal
p.000011: as mentioned in subsection (1) above).
p.000011: (5) Where a carer refuses a carer’s assessment, the local authority concerned is not required to carry out the
p.000011: assessment (and section 10(1) does not apply in the carer’s case).
p.000011: (6) Where, having refused a carer’s assessment, a carer requests the assessment, section 10(1) applies in the
p.000011: carer’s case (and subsection (5) above does not).
p.000011: (7) Where a carer has refused a carer’s assessment and the local authority concerned thinks that the
p.000011: needs or circumstances of the carer or the adult needing care have changed, section 10(1) applies in the
p.000011: carer’s case (but subject to further refusal as mentioned in subsection (5) above).
p.000011:
p.000011: 12 Assessments under sections 9 and 10: further provision
p.000011: (1) Regulations must make further provision about carrying out a needs or carer’s assessment; the regulations may,
p.000011: in particular—
p.000011: (a) require the local authority, in carrying out the assessment, to have regard to the needs of the family
p.000011: of the adult to whom the assessment relates;
p.000011: (b) specify other matters to which the local authority must have regard in carrying out the assessment
p.000011: (including, in particular, the matters to which it must have regard in seeking to ensure that the assessment is
p.000011: carried out in an appropriate and proportionate manner);
p.000011: (c) specify steps that the local authority must take for the purpose of ensuring that the assessment
p.000011: is carried out in an appropriate and proportionate manner;
p.000011: (d) specify circumstances in which the assessment may or must be carried out by a person (whether or not an officer
p.000011: of the authority) who has expertise in a specified matter or is of such other description as is specified,
p.000011: jointly with or on behalf of the local authority;
p.000011: (e) specify circumstances in which the adult to whom the assessment relates may carry out the assessment
p.000011: jointly with the local authority;
p.000011: (f) specify circumstances in which the local authority must, before carrying out the assessment or
p.000011: when doing so, consult a person who
p.000011:
p.000012: 12
p.000012: Care Act 2014 (c. 23)
p.000012: Part 1 — Care and support
p.000012:
p.000012: has expertise in a specified matter or is of such other description as is specified;
p.000012: (g) specify circumstances in which the local authority must refer the adult concerned for an assessment of
p.000012: eligibility for NHS continuing healthcare.
p.000012: (2) The regulations may include provision for facilitating the carrying out of a needs or carer’s
p.000012: assessment in circumstances specified under subsection (1)(d) or (e); they may, for example, give the local authority
p.000012: power to provide the person carrying out the assessment—
p.000012: (a) in the case of a needs assessment, with information about the adult to whom the assessment relates;
p.000012: (b) in the case of a carer’s assessment, with information about the carer to whom the assessment relates and about
p.000012: the adult needing care;
p.000012: (c) in either case, with whatever resources, or with access to whatever facilities, the authority
p.000012: thinks will be required to carry out the assessment.
p.000012: (3) The local authority must give a written record of a needs assessment to—
p.000012: (a) the adult to whom the assessment relates,
p.000012: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000012: (c) any other person to whom the adult asks the authority to give a copy.
p.000012: (4) The local authority must give a written record of a carer’s assessment to—
p.000012: (a) the carer to whom the assessment relates,
p.000012: (b) the adult needing care, if the carer asks the authority to do so, and
p.000012: (c) any other person to whom the carer asks the authority to give a copy.
p.000012: (5) A local authority may combine a needs or carer’s assessment with an assessment it is carrying out
p.000012: (whether or not under this Part) in relation to another person only if the adult to whom the needs
p.000012: or carer’s assessment relates agrees and—
p.000012: (a) where the combination would include an assessment relating to another adult, that other adult agrees;
p.000012: (b) where the combination would include an assessment relating to a child (including a young carer), the consent
p.000012: condition is met in relation to the child.
p.000012: (6) The consent condition is met in relation to a child if—
p.000012: (a) the child has capacity or is competent to agree to the assessments being combined and does so agree, or
p.000012: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that combining the
p.000012: assessments would be in the child’s best interests.
p.000012: (7) Where a local authority is carrying out a needs or carer’s assessment, and there is some other assessment being
p.000012: or about to be carried out in relation to the adult to whom the assessment relates or in relation to a relevant person,
p.000012: the local authority may carry out that other assessment—
p.000012: (a) on behalf of or jointly with the body responsible for carrying it out, or
p.000012: (b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body
p.000012: and the other person.
p.000012:
p.000012: Care Act 2014 (c. 23)
p.000013: 13
p.000013: Part 1 — Care and support
p.000013:
p.000013: (8) A reference to a needs or carer’s assessment includes a reference to a needs or carer’s assessment (as the
p.000013: case may be) which forms part of a combined assessment under subsection (5).
p.000013: (9) A reference to an assessment includes a reference to part of an assessment.
p.000013: (10) “NHS continuing health care” is to be construed in accordance with standing rules under section 6E of the
p.000013: National Health Service Act 2006.
p.000013: (11) A person is a “relevant person”, in relation to a needs or carer’s assessment, if it would be reasonable to
p.000013: combine an assessment relating to that person with the needs or carer’s assessment (as mentioned in subsection (5)).
p.000013:
p.000013: 13 The eligibility criteria
p.000013: (1) Where a local authority is satisfied on the basis of a needs or carer’s assessment that an adult has needs
p.000013: for care and support or that a carer has needs for support, it must determine whether any of the
p.000013: needs meet the eligibility criteria (see subsection (7)).
p.000013: (2) Having made a determination under subsection (1), the local authority must give the adult concerned a written
p.000013: record of the determination and the reasons for it.
p.000013: (3) Where at least some of an adult’s needs for care and support meet the eligibility criteria, the
p.000013: local authority must—
p.000013: (a) consider what could be done to meet those needs that do,
p.000013: (b) ascertain whether the adult wants to have those needs met by the local authority in accordance with this Part,
p.000013: and
p.000013: (c) establish whether the adult is ordinarily resident in the local authority’s area.
p.000013: (4) Where at least some of a carer’s needs for support meet the eligibility criteria, the local authority must—
p.000013: (a) consider what could be done to meet those needs that do, and
p.000013: (b) establish whether the adult needing care is ordinarily resident in the local authority’s area.
p.000013: (5) Where none of the needs of the adult concerned meet the eligibility criteria, the local authority must give him
p.000013: or her written advice and information about—
p.000013: (a) what can be done to meet or reduce the needs;
p.000013: (b) what can be done to prevent or delay the development of needs for care and support, or the development of needs
p.000013: for support, in the future.
p.000013: (6) Regulations may make provision about the making of the determination under subsection (1).
p.000013: (7) Needs meet the eligibility criteria if—
p.000013: (a) they are of a description specified in regulations, or
p.000013: (b) they form part of a combination of needs of a description so specified.
p.000013: (8) The regulations may, in particular, describe needs by reference to—
p.000013: (a) the effect that the needs have on the adult concerned;
p.000013: (b) the adult’s circumstances.
p.000013:
p.000014: 14
p.000014: Care Act 2014 (c. 23)
p.000014: Part 1 — Care and support
p.000014:
p.000014: Charging and assessing financial resources
p.000014:
p.000014: 14 Power of local authority to charge
p.000014: (1) A local authority—
p.000014: (a) may make a charge for meeting needs under sections 18 to 20, and
p.000014: (b) where it is meeting needs because Condition 2 in section 18 or Condition 2 or 4 in section 20 is met,
p.000014: may make a charge (in addition to the charge it makes under paragraph (a)) for putting in place the
p.000014: arrangements for meeting those needs.
p.000014: (2) The power to make a charge under subsection (1) for meeting needs under section 18 is subject to
p.000014: section 15.
p.000014: (3) The power to make a charge under subsection (1) for meeting a carer’s needs for support under section 20 by
p.000014: providing care and support to the adult needing care may not be exercised so as to charge the carer.
p.000014: (4) A charge under subsection (1)(a) may cover only the cost that the local authority incurs in meeting
p.000014: the needs to which the charge applies.
p.000014: (5) Regulations may make provision about the exercise of the power to make a charge under subsection (1).
p.000014: (6) Regulations may prohibit a local authority from making a charge under subsection (1); and the
p.000014: regulations may (in reliance on section 125(7)) prohibit a local authority from doing so where, for example, the care
p.000014: and support or the support—
p.000014: (a) is of a specified type;
p.000014: (b) is provided in specified circumstances;
p.000014: (c) is provided to an adult of a specified description;
p.000014: (d) is provided for a specified period only.
p.000014: (7) A local authority may not make a charge under subsection (1) if the income of the adult concerned would, after
p.000014: deduction of the amount of the charge, fall below such amount as is specified in regulations; and the regulations may
p.000014: in particular (in reliance on section 125(7)) specify—
p.000014: (a) different amounts for different descriptions of care and support;
p.000014: (b) different amounts for different descriptions of support.
p.000014: (8) Regulations under subsection (7) may make provision as to cases or circumstances in which an
p.000014: adult is to be treated as having income that would, or as having income that would not, fall below the amount specified
p.000014: in the regulations if a charge were to be made.
p.000014:
p.000014: 15 Cap on care costs
p.000014: (1) A local authority may not make a charge under section 14 for meeting an adult’s needs under section
p.000014: 18 if the total of the costs accrued in meeting the adult’s eligible needs after the commencement of this section
p.000014: exceeds the cap on care costs.
p.000014: (2) The reference to costs accrued in meeting eligible needs is a reference—
p.000014: (a) in so far as the local authority met those needs, to the cost to the local authority of having done so (as
p.000014: reckoned from the costs specified in the personal budget for meeting those needs (see section 26));
p.000014:
p.000014: Care Act 2014 (c. 23)
p.000015: 15
p.000015: Part 1 — Care and support
p.000015:
p.000015: (b) in so far as another local authority met the needs, to the cost to that other local authority of having done so
p.000015: (as reckoned from the costs so specified for meeting those needs);
p.000015: (c) in so far as a person other than a local authority met the needs, to what the cost of doing so would have
p.000015: been to the local authority which would otherwise have done so (as reckoned from the costs specified in the
p.000015: independent personal budget for meeting those needs (see section 28).
p.000015: (3) An adult’s needs are “eligible needs” if, at the time they were met—
p.000015: (a) they met the eligibility criteria,
p.000015: (b) they were not being met by a carer, and
p.000015: (c) the adult was ordinarily resident or present in the area of a local authority.
p.000015: (4) The “cap on care costs” is the amount specified as such in regulations; and the regulations may in particular
p.000015: (in reliance on section 125(7))—
p.000015: (a) specify different amounts for persons of different age groups;
p.000015: (b) specify zero as the amount for persons of a specified description.
p.000015: (5) The total of the costs accrued in meeting an adult’s eligible needs after the commencement of this
p.000015: section (as referred to in subsection (1)) is referred to in this Part as the adult’s “accrued costs”.
p.000015: (6) Where the costs accrued include daily living costs, the amount attributable to the daily living costs is to be
p.000015: disregarded in working out for the purposes of subsection (1) the total of the costs accrued in meeting an adult’s
p.000015: eligible needs after the commencement of this section.
p.000015: (7) Where the cost to a local authority of meeting an adult’s needs under section 18 includes daily living costs,
p.000015: and the accrued costs exceed the cap on care costs (with the result that subsection (1) applies), the local authority
p.000015: may nonetheless make a charge to cover the amount attributable to those daily living costs.
p.000015: (8) For the purposes of this Part, the amount attributable to an adult’s daily living costs is the amount specified
p.000015: in, or determined in accordance with, regulations.
p.000015:
p.000015: 16 Cap on care costs: annual adjustment
p.000015: (1) Where it appears to the Secretary of State that the level of average earnings in England is different at the
p.000015: end of a review period from what it was at the beginning of that period, the Secretary of State must make
p.000015: regulations under section 15(4) to vary the cap on care costs by the percentage increase or decrease by
p.000015: which that level has changed.
p.000015: (2) If a variation is made under subsection (1), each adult’s accrued costs are to be varied by the same percentage
p.000015: with effect from when the variation itself takes effect (and local authorities must accordingly ensure that care
p.000015: accounts and other records reflect the variation).
p.000015: (3) The “level of average earnings in England” means the amount which represents the average
p.000015: annual earnings in England estimated in such manner as the Secretary of State thinks fit.
p.000015: (4) “Review period” means—
p.000015: (a) the period of 12 months beginning with the day on which section 15 comes into force, and
p.000015:
p.000016: 16
p.000016: Care Act 2014 (c. 23)
p.000016: Part 1 — Care and support
p.000016:
p.000016: (b) each subsequent period of 12 months.
p.000016: (5) The duty under subsection (1) does not restrict the exercise of the power to make regulations under section
p.000016: 15(4).
p.000016:
p.000016: 17 Assessment of financial resources
p.000016: (1) Where a local authority, having made a determination under section 13(1), thinks that, if it were to
p.000016: meet an adult’s needs for care and support, it would charge the adult under section 14(1) for meeting at least some of
p.000016: the needs, it must assess—
p.000016: (a) the level of the adult’s financial resources, and
p.000016: (b) the amount (if any) which the adult would be likely to be able to pay towards the cost of meeting the needs for
p.000016: care and support.
p.000016: (2) Where a local authority thinks that, in meeting an adult’s needs for care and support, it would make a charge
p.000016: under section 15(7), it must assess—
p.000016: (a) the level of the adult’s financial resources, and
p.000016: (b) the amount (if any) which the adult would be likely to be able to pay towards the amount attributable to the
p.000016: adult’s daily living costs.
p.000016: (3) Where a local authority, having made a determination under section 13(1), thinks that, if it were to
p.000016: meet a carer’s needs for support, it would charge the carer under section 14(1) for meeting at least some of
p.000016: the needs, it must assess—
p.000016: (a) the level of the carer’s financial resources, and
p.000016: (b) the amount (if any) which the carer would be likely to be able to pay towards the cost of meeting the needs for
p.000016: support.
p.000016: (4) Where a local authority, having made a determination under section 13(1), thinks that, if it were to
p.000016: meet a carer’s needs for support, it would charge the adult needing care under section 14(1) for meeting at least some
p.000016: of the needs, it must assess—
p.000016: (a) the level of the financial resources of the adult needing care, and
p.000016: (b) the amount (if any) which the adult needing care would be likely to be able to pay towards the cost of meeting
p.000016: the carer’s needs for support.
p.000016: (5) An assessment under this section is referred to in this Part as a “financial assessment”.
p.000016: (6) A local authority, having carried out a financial assessment, must give a written record of the
p.000016: assessment to the adult to whom it relates.
p.000016: (7) Regulations must make provision about the carrying out of a financial assessment.
p.000016: (8) The regulations must make provision as to cases or circumstances in which, if the financial resources of an
p.000016: adult who has needs for care and support (whether in terms of income, capital or a combination of
p.000016: both) exceed a specified level, a local authority is not permitted to, or may (but need not)—
p.000016: (a) in a case where the adult’s accrued costs do not exceed the cap on care costs, pay towards the cost of the
p.000016: provision of care and support for the adult;
p.000016: (b) in a case where the adult’s accrued costs exceed the cap on care costs, pay towards the amount attributable to
p.000016: the adult’s daily living costs.
p.000016:
p.000016: Care Act 2014 (c. 23)
p.000017: 17
p.000017: Part 1 — Care and support
p.000017:
p.000017: (9) The regulations must make provision as to cases or circumstances in which, if the financial resources of a carer
p.000017: who has needs for support or of the adult needing care (whether in terms of income, capital or a combination of both)
p.000017: exceed a specified level, a local authority is not permitted to, or may (but need not), pay towards the cost of the
p.000017: provision of support for the carer.
p.000017: (10) The level specified for the purposes of subsections (8) and (9) is referred to in this Part as “the
p.000017: financial limit”; and the regulations may in particular (in reliance on section 125(7)) specify—
p.000017: (a) different levels for different descriptions of care and support;
p.000017: (b) different levels for different descriptions of support.
p.000017: (11) The regulations must make provision for—
p.000017: (a) calculating income;
p.000017: (b) calculating capital.
p.000017: (12) The regulations may make provision—
p.000017: (a) for treating, or not treating, amounts of a specified type as income or as capital;
p.000017: (b) as to cases or circumstances in which an adult is to be treated as having, or as not having, financial resources
p.000017: above the financial limit.
p.000017: (13) The regulations may make provision as to cases or circumstances in which a local authority is to be treated as—
p.000017: (a) having carried out a financial assessment in an adult’s case, and
p.000017: (b) being satisfied on that basis that the adult’s financial resources exceed, or that they do not exceed, the
p.000017: financial limit.
p.000017:
p.000017: Duties and powers to meet needs
p.000017:
p.000017: 18 Duty to meet needs for care and support
p.000017: (1) A local authority, having made a determination under section 13(1), must meet the adult’s needs for care and
p.000017: support which meet the eligibility criteria if—
p.000017: (a) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,
p.000017: (b) the adult’s accrued costs do not exceed the cap on care costs, and
p.000017: (c) there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1, 2 or 3 is met.
p.000017: (2) Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out
p.000017: that the adult’s financial resources are at or below the financial limit.
p.000017: (3) Condition 2 is met if—
p.000017: (a) the local authority is satisfied on the basis of the financial assessment it carried out that the adult’s
p.000017: financial resources are above the financial limit, but
p.000017: (b) the adult nonetheless asks the authority to meet the adult’s needs.
p.000017: (4) Condition 3 is met if—
p.000017: (a) the adult lacks capacity to arrange for the provision of care and support, but
p.000017:
p.000018: 18
p.000018: Care Act 2014 (c. 23)
p.000018: Part 1 — Care and support
p.000018:
p.000018: (b) there is no person authorised to do so under the Mental Capacity Act 2005 or otherwise in a position to do so on
p.000018: the adult’s behalf.
p.000018: (5) A local authority, having made a determination under section 13(1), must meet the adult’s needs for care and
p.000018: support which meet the eligibility criteria if—
p.000018: (a) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,
p.000018: and
p.000018: (b) the adult’s accrued costs exceed the cap on care costs.
p.000018: (6) The reference in subsection (1) to there being no charge under section 14 for meeting an adult’s needs for care
p.000018: and support is a reference to there being no such charge because—
p.000018: (a) the authority is prohibited by regulations under section 14 from making such a charge, or
p.000018: (b) the authority is entitled to make such a charge but decides not to do so.
p.000018: (7) The duties under subsections (1) and (5) do not apply to such of the adult’s needs as are being met by a carer.
p.000018:
p.000018: 19 Power to meet needs for care and support
p.000018: (1) A local authority, having carried out a needs assessment and (if required to do so) a financial assessment, may
p.000018: meet an adult’s needs for care and support if—
p.000018: (a) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,
p.000018: and
p.000018: (b) the authority is satisfied that it is not required to meet the adult’s needs under section 18.
p.000018: (2) A local authority, having made a determination under section 13(1), may meet an adult’s needs for care and
p.000018: support which meet the eligibility criteria if—
p.000018: (a) the adult is ordinarily resident in the area of another local authority,
p.000018: (b) there is no charge under section 14 for meeting the needs or, in so far as there is such a charge, condition 1,
p.000018: 2 or 3 in section 18 is met, and
p.000018: (c) the authority has notified the other local authority of its intention to meet the needs.
p.000018: (3) A local authority may meet an adult’s needs for care and support which appear to it to be urgent (regardless of
p.000018: whether the adult is ordinarily resident in its area) without having yet—
p.000018: (a) carried out a needs assessment or a financial assessment, or
p.000018: (b) made a determination under section 13(1).
p.000018: (4) A local authority may meet an adult’s needs under subsection (3) where, for example, the adult is terminally ill
p.000018: (within the meaning given in section 82(4) of the Welfare Reform Act 2012).
p.000018: (5) The reference in subsection (2) to there being no charge under section 14 for meeting an adult’s needs is to be
p.000018: construed in accordance with section 18(6).
p.000018:
p.000018: 20 Duty and power to meet a carer’s needs for support
p.000018: (1) A local authority, having made a determination under section 13(1), must meet a carer’s needs for support which
p.000018: meet the eligibility criteria if—
p.000018: (a) the adult needing care is ordinarily resident in the local authority’s area or is present in its area but of no
p.000018: settled residence,
p.000018:
p.000018: Care Act 2014 (c. 23)
p.000019: 19
p.000019: Part 1 — Care and support
p.000019:
p.000019: (b) in so far as meeting the carer’s needs involves the provision of support to the carer, there is no charge under
p.000019: section 14 for meeting the needs or, in so far as there is, condition 1 or 2 is met, and
p.000019: (c) in so far as meeting the carer’s needs involves the provision of care and support to the adult needing care—
p.000019: (i) there is no charge under section 14 for meeting the needs and the adult needing care agrees to the needs
p.000019: being met in that way, or
p.000019: (ii) in so far as there is such a charge, condition 3 or 4 is met.
p.000019: (2) Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out
p.000019: that the carer’s financial resources are at or below the financial limit.
p.000019: (3) Condition 2 is met if—
p.000019: (a) the local authority is satisfied on the basis of the financial assessment it carried out that the carer’s
p.000019: financial resources are above the financial limit, but
...
p.000019:
p.000020: 20
p.000020: Care Act 2014 (c. 23)
p.000020: Part 1 — Care and support
p.000020:
p.000020: (10) The reference in subsection (1)(c) to there being no charge under section 14 for meeting an adult’s needs for
p.000020: care and support is to be construed in accordance with section 18(6).
p.000020:
p.000020: 21 Exception for persons subject to immigration control
p.000020: (1) A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration
p.000020: and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen
p.000020: solely—
p.000020: (a) because the adult is destitute, or
p.000020: (b) because of the physical effects, or anticipated physical effects, of being destitute.
p.000020: (2) For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in
p.000020: section 95(4) and (5) to the Secretary of State being read as references to the local authority in question.
p.000020: (3) But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2)
p.000020: is to have effect as if it read as follows—
p.000020: “(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999
p.000020: Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as
p.000020: references to the local authority in question.”
p.000020: (4) The reference in subsection (1) to meeting an adult’s needs for care and support includes a reference to
p.000020: providing care and support to the adult in order to meet a carer’s needs for support.
p.000020: (5) For the purposes of its application in relation to the duty in section 2(1) (preventing needs for
p.000020: care and support), this section is to be read as if—
p.000020: (a) for subsection (1) there were substituted—
p.000020: “(1) A local authority may not perform the duty under section 2(1) in relation to an adult to whom section 115 of
p.000020: the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and
p.000020: support have arisen, or for whom such needs may in the future arise, solely—
p.000020: (a) because the adult is destitute, or
p.000020: (b) because of the physical effects, or anticipated physical effects, of being destitute.”, and
p.000020: (b) subsection (4) were omitted.
p.000020:
p.000020: 22 Exception for provision of health services
p.000020: (1) A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of
p.000020: a service or facility that is required to be provided under the National Health Service Act 2006 unless—
p.000020: (a) doing so would be merely incidental or ancillary to doing something else to meet needs under those sections, and
p.000020: (b) the service or facility in question would be of a nature that the local authority could be expected to provide.
p.000020: (2) Regulations may specify—
p.000020:
p.000020: Care Act 2014 (c. 23)
p.000021: 21
p.000021: Part 1 — Care and support
p.000021:
p.000021: (a) types of services or facilities which, despite subsection (1), may be provided or the provision of
p.000021: which may be arranged by a local authority, or circumstances in which such services or facilities may be so
p.000021: provided or the provision of which may be so arranged;
p.000021: (b) types of services or facilities which may not be provided or the provision of which may not be
p.000021: arranged by a local authority, or circumstances in which such services or facilities may not be so
p.000021: provided or the provision of which may not be so arranged;
p.000021: (c) services or facilities, or a method for determining services or facilities, the provision of which is, or
p.000021: is not, to be treated as meeting the conditions in subsection (1)(a) and (b).
p.000021: (3) A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of
p.000021: nursing care by a registered nurse.
p.000021: (4) But a local authority may, despite the prohibitions in subsections (1) and (3), arrange for the provision of
p.000021: accommodation together with the provision of nursing care by a registered nurse if—
p.000021: (a) the authority has obtained consent for it to arrange for the provision of the nursing care from
p.000021: whichever clinical commissioning group regulations require, or
p.000021: (b) the case is urgent and the arrangements for accommodation are only temporary.
p.000021: (5) In a case to which subsection (4)(b) applies, as soon as is feasible after the temporary
p.000021: arrangements are made, the local authority must seek to obtain the consent mentioned in subsection (4)(a).
p.000021: (6) Regulations may require a local authority—
p.000021: (a) to be involved in the specified manner in processes for assessing a person’s needs for health care
p.000021: and for deciding how those needs should be met;
p.000021: (b) to make arrangements for determining disputes between the authority and a clinical commissioning group or
p.000021: the National Health Service Commissioning Board about whether or not a service or facility is required to
p.000021: be provided under the National Health Service Act 2006.
p.000021: (7) Nothing in this section affects what a local authority may do under the National Health Service Act
p.000021: 2006, including entering into arrangements under regulations under section 75 of that Act (arrangements with NHS
p.000021: bodies).
p.000021: (8) A reference to the provision of nursing care by a registered nurse is a reference to the provision by a
p.000021: registered nurse of a service involving—
p.000021: (a) the provision of care, or
p.000021: (b) the planning, supervision or delegation of the provision of care,
p.000021: other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to
p.000021: be provided by a registered nurse.
p.000021: (9) Where, in a case within subsection (4), the National Health Service Commissioning Board has
p.000021: responsibility for arranging for the provision of the nursing care, the reference in paragraph (a) of that
p.000021: subsection to a clinical commissioning group is to be read as a reference to the Board.
p.000021: (10) For the purposes of its application in relation to the duty in section 2(1) (preventing needs
p.000021: for care and support), this section is to be read as if
p.000021:
p.000022: 22
p.000022: Care Act 2014 (c. 23)
p.000022: Part 1 — Care and support
p.000022:
p.000022: references to meeting needs under sections 18 to 20 were references to performing the duty under section
p.000022: 2(1).
p.000022:
p.000022: 23 Exception for provision of housing etc.
p.000022: (1) A local authority may not meet needs under sections 18 to 20 by doing anything which it or another
p.000022: local authority is required to do under—
p.000022: (a) the Housing Act 1996, or
p.000022: (b) any other enactment specified in regulations.
p.000022: (2) “Another local authority” includes a district council for an area in England for which there is also a county
p.000022: council.
p.000022: (3) For the purposes of its application in relation to the duty in section 2(1) (preventing needs for
p.000022: care and support), this section is to be read as if, in subsection (1), for “meet needs under sections 18
p.000022: to 20” there were substituted “perform the duty under section 2(1)”.
p.000022:
p.000022: Next steps after assessments
p.000022:
p.000022: 24 The steps for the local authority to take
p.000022: (1) Where a local authority is required to meet needs under section 18 or 20(1), or decides to do so under section
p.000022: 19(1) or (2) or 20(6), it must—
p.000022: (a) prepare a care and support plan or a support plan for the adult concerned,
p.000022: (b) tell the adult which (if any) of the needs that it is going to meet may be met by direct payments, and
p.000022: (c) help the adult with deciding how to have the needs met.
p.000022: (2) Where a local authority has carried out a needs or carer’s assessment but is not required to meet needs under
p.000022: section 18 or 20(1), and does not decide to do so under section 19(1) or (2) or 20(6), it must give the adult
p.000022: concerned—
p.000022: (a) its written reasons for not meeting the needs, and
p.000022: (b) (unless it has already done so under section 13(5)) advice and information about—
p.000022: (i) what can be done to meet or reduce the needs;
p.000022: (ii) what can be done to prevent or delay the development by the adult concerned of needs for care and support or of
p.000022: needs for support in the future.
p.000022: (3) Where a local authority is not going to meet an adult’s needs for care and support, it must
p.000022: nonetheless prepare an independent personal budget for the adult (see section 28) if—
p.000022: (a) the needs meet the eligibility criteria,
p.000022: (b) at least some of the needs are not being met by a carer, and
p.000022: (c) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence.
p.000022:
p.000022: 25 Care and support plan, support plan
p.000022: (1) A care and support plan or, in the case of a carer, a support plan is a document prepared by a local authority
p.000022: which—
p.000022:
p.000022: Care Act 2014 (c. 23)
p.000023: 23
p.000023: Part 1 — Care and support
p.000023:
p.000023: (a) specifies the needs identified by the needs assessment or carer’s assessment,
p.000023: (b) specifies whether, and if so to what extent, the needs meet the eligibility criteria,
p.000023: (c) specifies the needs that the local authority is going to meet and how it is going to meet them,
p.000023: (d) specifies to which of the matters referred to in section 9(4) the provision of care and support could be
p.000023: relevant or to which of the matters referred to in section 10(5) and (6) the provision of support could be
p.000023: relevant,
p.000023: (e) includes the personal budget for the adult concerned (see section 26), and
p.000023: (f) includes advice and information about—
p.000023: (i) what can be done to meet or reduce the needs in question;
p.000023: (ii) what can be done to prevent or delay the development of needs for care and support or of needs for support in
p.000023: the future.
p.000023: (2) Where some or all of the needs are to be met by making direct payments, the plan must also specify—
p.000023: (a) the needs which are to be so met, and
p.000023: (b) the amount and frequency of the direct payments.
p.000023: (3) In preparing a care and support plan, the local authority must involve—
p.000023: (a) the adult for whom it is being prepared,
p.000023: (b) any carer that the adult has, and
p.000023: (c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority
p.000023: to do that, any person who appears to the authority to be interested in the adult’s welfare.
p.000023: (4) In preparing a support plan, the local authority must involve—
p.000023: (a) the carer for whom it is being prepared,
p.000023: (b) the adult needing care, if the carer asks the authority to do so, and
p.000023: (c) any other person whom the carer asks the authority to involve.
p.000023: (5) In performing the duty under subsection (3)(a) or (4)(a), the local authority must take all
p.000023: reasonable steps to reach agreement with the adult or carer for whom the plan is being prepared about how the authority
p.000023: should meet the needs in question.
p.000023: (6) In seeking to ensure that the plan is proportionate to the needs to be met, the local authority must have regard
p.000023: in particular—
p.000023: (a) in the case of a care and support plan, to the matters referred to in section 9(4);
p.000023: (b) in the case of a support plan, to the matters referred to in section 10(5) and (6).
p.000023: (7) The local authority may authorise a person (including the person for whom the plan is to be prepared) to prepare
p.000023: the plan jointly with the authority.
p.000023: (8) The local authority may do things to facilitate the preparation of the plan in a case within subsection (7); it
p.000023: may, for example, provide a person authorised under that subsection with—
p.000023: (a) in the case of a care and support plan, information about the adult for whom the plan is being prepared;
p.000023:
p.000024: 24
p.000024: Care Act 2014 (c. 23)
p.000024: Part 1 — Care and support
p.000024:
p.000024: (b) in the case of a support plan, information about the carer and the adult needing care;
p.000024: (c) in either case, whatever resources, or access to whatever facilities, the authority thinks are required to
p.000024: prepare the plan.
p.000024: (9) The local authority must give a copy of a care and support plan to—
p.000024: (a) the adult for whom it has been prepared,
p.000024: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000024: (c) any other person to whom the adult asks the authority to give a copy.
p.000024: (10) The local authority must give a copy of a support plan to—
p.000024: (a) the carer for whom it has been prepared,
p.000024: (b) the adult needing care, if the carer asks the authority to do so, and
p.000024: (c) any other person to whom the carer asks the authority to give a copy.
p.000024: (11) A local authority may combine a care and support plan or a support plan with a plan (whether or not
p.000024: prepared by it and whether or not under this Part) relating to another person only if the adult for whom the
p.000024: care and support plan or the support plan is being prepared agrees and—
p.000024: (a) where the combination would include a plan prepared for another adult, that other adult agrees;
p.000024: (b) where the combination would include a plan prepared for a child (including a young carer), the consent
p.000024: condition is met in relation to the child.
p.000024: (12) The consent condition is met in relation to a child if—
p.000024: (a) the child has capacity or is competent to agree to the plans being combined and does so agree, or
p.000024: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that the
p.000024: combining the plans would be in the child’s best interests.
p.000024: (13) Regulations may specify cases or circumstances in which such of paragraphs
p.000024: (a) to (f) of subsection (1) and paragraphs (a) and (b) of subsection (2) as are specified do not apply.
p.000024: (14) The regulations may in particular specify that the paragraphs in question do not apply as regards specified
p.000024: needs or matters.
p.000024:
p.000024: 26 Personal budget
p.000024: (1) A personal budget for an adult is a statement which specifies—
p.000024: (a) the cost to the local authority of meeting those of the adult’s needs which it is required or
p.000024: decides to meet as mentioned in section 24(1),
p.000024: (b) the amount which, on the basis of the financial assessment, the adult must pay towards that cost, and
p.000024: (c) if on that basis the local authority must itself pay towards that cost, the amount which it must pay.
p.000024: (2) In the case of an adult with needs for care and support which the local authority is required to
p.000024: meet under section 18, the personal budget must also specify—
p.000024: (a) the cost to the local authority of meeting the adult’s needs under that section, and
p.000024: (b) where that cost includes daily living costs—
p.000024:
p.000024: Care Act 2014 (c. 23)
p.000025: 25
p.000025: Part 1 — Care and support
p.000025:
p.000025: (i) the amount attributable to those daily living costs, and
p.000025: (ii) the balance of the cost referred to in paragraph (a).
p.000025: (3) A personal budget for an adult may also specify other amounts of public money that are available in
p.000025: the adult’s case including, for example, amounts available for spending on matters relating to housing, health care or
p.000025: welfare.
p.000025: (4) Regulations may make provision for excluding costs to a local authority from a personal budget if the costs
p.000025: are incurred in meeting needs for which the authority—
p.000025: (a) does not make a charge, or
p.000025: (b) is not permitted to make a charge.
p.000025:
p.000025: 27 Review of care and support plan or of support plan
p.000025: (1) A local authority must—
p.000025: (a) keep under review generally care and support plans, and support plans, that it has prepared, and
p.000025: (b) on a reasonable request by or on behalf of the adult to whom a care and support plan relates or the carer to
p.000025: whom a support plan relates, review the plan.
p.000025: (2) A local authority may revise a care and support plan; and in deciding whether or how to do so, it—
p.000025: (a) must have regard in particular to the matters referred to in section 9(4) (and specified in the plan under
p.000025: section 25(1)(d)), and
p.000025: (b) must involve—
p.000025: (i) the adult to whom the plan relates,
p.000025: (ii) any carer that the adult has, and
p.000025: (iii) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask
p.000025: the authority to do that, any person who appears to the authority to be interested in the adult’s welfare.
p.000025: (3) A local authority may revise a support plan; and in deciding whether or how to do so, it—
p.000025: (a) must have regard in particular to the matters referred to in section 10(5) and (6) (and specified in the plan
p.000025: under section 25(1)(d)), and
p.000025: (b) must involve—
p.000025: (i) the carer to whom the plan relates,
p.000025: (ii) the adult needing care, if the carer asks the authority to do so, and
p.000025: (iii) any other person whom the carer asks the authority to involve.
p.000025: (4) Where a local authority is satisfied that circumstances have changed in a way that affects a care and support
p.000025: plan or a support plan, the authority must—
p.000025: (a) to the extent it thinks appropriate, carry out a needs or carer’s assessment, carry out a financial
p.000025: assessment and make a determination under section 13(1), and
p.000025: (b) revise the care and support plan or support plan accordingly.
p.000025: (5) Where, in a case within subsection (4), the local authority is proposing to change how it meets the
p.000025: needs in question, it must, in performing the duty
p.000025:
p.000026: 26
p.000026: Care Act 2014 (c. 23)
p.000026: Part 1 — Care and support
p.000026:
p.000026: under subsection (2)(b)(i) or (3)(b)(i), take all reasonable steps to reach agreement with the adult
p.000026: concerned about how it should meet those needs.
p.000026:
p.000026: 28 Independent personal budget
p.000026: (1) An independent personal budget is a statement which specifies what the cost would be to the local authority
p.000026: concerned (see section 24(3)) of meeting the adult’s eligible needs for care and support.
p.000026: (2) Where the amount referred to in subsection (1) includes daily living costs, the independent personal budget for
p.000026: the adult must specify—
p.000026: (a) the amount attributable to those daily living costs, and
p.000026: (b) the balance of the amount referred to in subsection (1).
p.000026: (3) An adult’s needs are “eligible needs” if, at the time they were met—
p.000026: (a) they met the eligibility criteria,
p.000026: (b) they were not being met by a carer, and
p.000026: (c) the adult was ordinarily resident or present in the area of the local authority.
p.000026: (4) A local authority must—
p.000026: (a) keep under review generally independent personal budgets that it has prepared, and
p.000026: (b) on a reasonable request by or on behalf of the adult to whom an independent personal budget
p.000026: relates, review the independent personal budget.
p.000026: (5) A local authority may revise an independent personal budget; and in deciding whether or how to do so, it must,
p.000026: in so far as it is feasible to do so, involve—
p.000026: (a) the adult to whom the independent personal budget relates,
p.000026: (b) any carer that the adult has, and
p.000026: (c) any other person whom the adult asks the authority to involve or, where the adult lacks capacity
p.000026: to ask the authority to do that, any person who appears to the authority to be interested in the
p.000026: adult’s welfare.
p.000026: (6) Where a local authority is satisfied that the circumstances of the adult to whom an independent personal budget
p.000026: applies have changed in a way that affects the independent personal budget, the authority must—
p.000026: (a) to the extent it thinks appropriate, carry out a needs assessment and make a determination under section 13(1),
p.000026: and
p.000026: (b) revise the independent personal budget accordingly.
p.000026: (7) Where, in a case within subsection (6), an adult refuses a needs assessment and the local authority thinks that
p.000026: the adult’s refusal is unreasonable, it need no longer keep an up-to-date care account in the adult’s case.
p.000026: (8) Having reviewed an independent personal budget, a local authority must—
p.000026: (a) if it revises the independent personal budget, notify the adult to whom the independent personal budget relates
p.000026: of the revisions and provide an explanation of the effect of each revision, or
p.000026: (b) if it does not revise the independent personal budget, notify the adult accordingly.
p.000026:
p.000026: Care Act 2014 (c. 23)
p.000027: 27
p.000027: Part 1 — Care and support
p.000027:
p.000027: 29 Care account
p.000027: (1) Where an adult has needs for care and support which meet the eligibility criteria, the local
p.000027: authority in whose area the adult is ordinarily resident or, if the adult is of no settled residence, in whose area the
p.000027: adult is present—
p.000027: (a) must keep an up-to-date record of the adult’s accrued costs (a “care account”), and
p.000027: (b) once those costs exceed the cap on care costs, must inform the adult.
p.000027: (2) Where a local authority which has been keeping a care account is no longer required to do so, it must
p.000027: nonetheless retain the account that it has kept so far until—
p.000027: (a) the end of the period of 99 years beginning with the day on which it last updated the account, or
p.000027: (b) where the adult dies, the local authority becomes aware of the death.
p.000027: (3) A care account must specify such amount as is attributable to the adult’s daily living costs.
p.000027: (4) A local authority which is keeping a care account must, at such times as regulations may specify,
p.000027: provide the adult concerned with a statement which—
p.000027: (a) sets out the adult’s accrued costs, and
p.000027: (b) includes such other matters as regulations may specify.
p.000027: (5) Regulations may specify circumstances in which the duty under subsection (4) does not apply.
p.000027:
p.000027: 30 Cases where adult expresses preference for particular accommodation
p.000027: (1) Regulations may provide that where—
p.000027: (a) a local authority is going to meet needs under sections 18 to 20 by providing or arranging for
p.000027: the provision of accommodation of a specified type,
p.000027: (b) the adult for whom the accommodation is going to be provided expresses a preference for particular
p.000027: accommodation of that type, and
p.000027: (c) specified conditions are met,
p.000027: the local authority must provide or arrange for the provision of the preferred accommodation.
p.000027: (2) The regulations may provide for the adult or a person of a specified description to pay for some or all of the
p.000027: additional cost in specified cases or circumstances.
p.000027: (3) “Additional cost” means the cost of providing or arranging for the provision of the preferred accommodation
p.000027: less that part of the amount specified in the personal budget for the purposes of section 26(1)(a) that relates
p.000027: to the provision of accommodation of that type.
p.000027:
p.000027: Direct payments
p.000027:
p.000027: 31 Adults with capacity to request direct payments
p.000027: (1) This section applies where—
p.000027:
p.000028: 28
p.000028: Care Act 2014 (c. 23)
p.000028: Part 1 — Care and support
p.000028:
p.000028: (a) a personal budget for an adult specifies an amount which the local authority must pay towards the
p.000028: cost of meeting the needs to which the personal budget relates, and
p.000028: (b) the adult requests the local authority to meet some or all of those needs by making payments to the adult or a
p.000028: person nominated by the adult.
p.000028: (2) If conditions 1 to 4 are met, the local authority must, subject to regulations under section 33,
p.000028: make the payments to which the request relates to the adult or nominated person.
p.000028: (3) A payment under this section is referred to in this Part as a “direct payment”.
p.000028: (4) Condition 1 is that—
p.000028: (a) the adult has capacity to make the request, and
p.000028: (b) where there is a nominated person, that person agrees to receive the payments.
p.000028: (5) Condition 2 is that—
p.000028: (a) the local authority is not prohibited by regulations under section 33 from meeting the adult’s needs
p.000028: by making direct payments to the adult or nominated person, and
p.000028: (b) if regulations under that section give the local authority discretion to decide not to meet the adult’s needs by
p.000028: making direct payments to the adult or nominated person, it does not exercise that discretion.
p.000028: (6) Condition 3 is that the local authority is satisfied that the adult or nominated person is capable of managing
p.000028: direct payments—
p.000028: (a) by himself or herself, or
p.000028: (b) with whatever help the authority thinks the adult or nominated person will be able to access.
p.000028: (7) Condition 4 is that the local authority is satisfied that making direct payments to the adult or nominated
p.000028: person is an appropriate way to meet the needs in question.
p.000028:
p.000028: 32 Adults without capacity to request direct payments
p.000028: (1) This section applies where—
p.000028: (a) a personal budget for an adult specifies an amount which the local authority must pay towards the
p.000028: cost of meeting the needs to which the personal budget relates, and
p.000028: (b) the adult lacks capacity to request the local authority to meet any of those needs by making payments to the
p.000028: adult, but
p.000028: (c) an authorised person requests the local authority to meet some or all of those needs by making payments to the
p.000028: authorised person.
p.000028: (2) If conditions 1 to 5 are met, the local authority must, subject to regulations under section 33,
p.000028: make the payments to which the request relates to the authorised person.
p.000028: (3) A payment under this section is referred to in this Part as a “direct payment”.
p.000028: (4) A person is authorised for the purposes of this section if—
p.000028: (a) the person is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care
p.000028: and support,
p.000028:
p.000028: Care Act 2014 (c. 23)
p.000029: 29
p.000029: Part 1 — Care and support
p.000029:
p.000029: (b) where the person is not authorised as mentioned in paragraph (a), a person who is so authorised agrees with
p.000029: the local authority that the person is a suitable person to whom to make direct payments, or
p.000029: (c) where the person is not authorised as mentioned in paragraph (a) and there is no person who is so authorised,
p.000029: the local authority considers that the person is a suitable person to whom to make direct payments.
p.000029: (5) Condition 1 is that, where the authorised person is not authorised as mentioned in
p.000029: subsection (4)(a) but there is at least one person who is so authorised, a person who is so authorised
p.000029: supports the authorised person’s request.
p.000029: (6) Condition 2 is that—
p.000029: (a) the local authority is not prohibited by regulations under section 33 from meeting the adult’s
p.000029: needs by making direct payments to the authorised person, and
p.000029: (b) if regulations under that section give the local authority discretion to decide not to meet the adult’s needs by
p.000029: making direct payments to the authorised person, it does not exercise that discretion.
p.000029: (7) Condition 3 is that the local authority is satisfied that the authorised person will act in the adult’s best
p.000029: interests in arranging for the provision of the care and support for which the direct payments under this section would
p.000029: be used.
p.000029: (8) Condition 4 is that the local authority is satisfied that the authorised person is capable of managing direct
p.000029: payments—
p.000029: (a) by himself or herself, or
p.000029: (b) with whatever help the authority thinks the authorised person will be able to access.
p.000029: (9) Condition 5 is that the local authority is satisfied that making direct payments to the authorised person is an
p.000029: appropriate way to meet the needs in question.
p.000029:
p.000029: 33 Direct payments: further provision
p.000029: (1) Regulations must make further provision about direct payments.
p.000029: (2) The regulations may, in particular, specify—
p.000029: (a) cases or circumstances in which a local authority must not, or cases or circumstances in which it has the
p.000029: discretion to decide not to, meet needs by making direct payments;
p.000029: (b) conditions which a local authority may or must attach to the making of direct payments;
p.000029: (c) matters to which a local authority may or must have regard when making a decision of a specified type
p.000029: in relation to direct payments;
p.000029: (d) steps which a local authority may or must take before, or after, making a decision of a specified type in
p.000029: relation to direct payments;
p.000029: (e) cases or circumstances in which an adult who lacks capacity to request the making of direct payments must or may
p.000029: nonetheless be regarded for the purposes of this Part or the regulations as having capacity to do so;
p.000029: (f) cases or circumstances in which an adult who no longer lacks capacity to make such a request must or may
p.000029: nonetheless be regarded for any of those purposes as lacking capacity to do so;
p.000029:
p.000030: 30
p.000030: Care Act 2014 (c. 23)
p.000030: Part 1 — Care and support
p.000030:
p.000030: (g) cases or circumstances in which a local authority making direct payments must review the making of
p.000030: those payments.
p.000030: (3) A direct payment is made on condition that it be used only to pay for arrangements under which the
p.000030: needs specified under section 25(2)(a) in the care and support plan or (as the case may be) the support plan are met.
p.000030: (4) In a case where one or more of conditions 1 to 4 in section 31 is no longer met or one or more of conditions 1
p.000030: to 5 in section 32 is no longer met, the local authority must terminate the making of direct payments.
p.000030: (5) In a case where a condition specified under subsection (2)(b) or the condition mentioned in subsection (3) is
p.000030: breached, the local authority—
p.000030: (a) may terminate the making of direct payments, and
p.000030: (b) may require repayment of the whole or part of a direct payment (with section 69 accordingly applying to
p.000030: sums which the local authority requires to be repaid).
p.000030:
p.000030: Deferred payment agreements, etc.
p.000030:
p.000030: 34 Deferred payment agreements and loans
p.000030: (1) Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or
p.000030: permit a local authority to enter into a deferred payment agreement with an adult.
p.000030: (2) A “deferred payment agreement” is an agreement under which a local authority agrees not to require
p.000030: until the specified time either or both of the following—
p.000030: (a) the payment of the specified part of the amounts due from an adult to the authority under such provision of this
p.000030: Part or of regulations under this Part as is specified in regulations;
p.000030: (b) the repayment of the specified part of a loan made under the agreement by the authority to an adult for the
p.000030: purpose of assisting the adult to obtain the provision of care and support for the adult.
p.000030: (3) The care and support mentioned in subsection (2)(b) includes care and support the provision of which—
p.000030: (a) the authority does not consider to be necessary to meet the adult’s needs;
p.000030: (b) is in addition to care and support which is being provided, arranged for, or paid for (in whole or in part) by
p.000030: the authority.
p.000030: (4) Regulations under subsection (1) may, in particular, prohibit a local authority from entering into, or
p.000030: permit it to refuse to enter into, a deferred payment agreement unless it obtains adequate security for the
p.000030: payment of the adult’s deferred amount.
p.000030: (5) Regulations may specify what constitutes adequate security for the purposes of subsection (4); they may, for
p.000030: example, specify—
p.000030: (a) an obligation on the adult to give the authority a charge over the adult’s legal or beneficial interest in the
p.000030: property which the adult occupies as his or her only or main residence (or in a property which the adult used to occupy
p.000030: as such) to secure payment of the adult’s deferred amount;
p.000030: (b) a guarantee from another person to pay the adult’s deferred amount.
p.000030:
p.000030: Care Act 2014 (c. 23)
p.000031: 31
p.000031: Part 1 — Care and support
p.000031:
p.000031: (6) A reference in this section or section 35 to an adult’s deferred amount, in relation to a
p.000031: deferred payment agreement, is a reference to the amount of which the local authority agrees not to require
p.000031: payment or repayment until the specified time.
p.000031: (7) “Specified”, in relation to a time or a part of an amount or loan, means specified in or determined in
p.000031: accordance with regulations; and the specified part of an amount or loan may be 100%.
p.000031: (8) This section applies in relation to an agreement under which a local authority agrees to make a loan to an adult
p.000031: for the purpose of assisting the adult to obtain the provision of care and support for the adult as it applies in
p.000031: relation to a deferred payment agreement; and for that purpose—
p.000031: (a) the reference in subsection (3) to subsection (2)(b) is to be read as a reference to this
p.000031: subsection; and
p.000031: (b) the references in subsections (4) and (5) to payment of the adult’s deferred amount are to be read as
p.000031: references to repayment of the loan.
p.000031:
p.000031: 35 Deferred payment agreements and loans: further provision
p.000031: (1) Regulations may require or permit a local authority to charge—
p.000031: (a) interest on an adult’s deferred amount;
p.000031: (b) such amount relating to the authority’s administrative costs as is specified in or determined in
p.000031: accordance with the regulations;
p.000031: (c) interest on an amount charged under paragraph (b).
p.000031: (2) The regulations may specify costs which are, or which are not, to be regarded as administrative costs for the
p.000031: purposes of subsection (1)(b).
p.000031: (3) The regulations may—
p.000031: (a) require or permit adequate security to be obtained for the payment of any interest or other amount referred to
p.000031: in subsection (1);
p.000031: (b) require or permit any such interest or other amount to be treated in the same way as the adult’s deferred
p.000031: amount;
p.000031: (c) specify what constitutes adequate security for the purposes of paragraph (a).
p.000031: (4) The authority may not charge interest under regulations made under subsection (1) or under a
p.000031: deferred payment agreement at a rate that exceeds the rate specified in or determined in accordance with the
p.000031: regulations; the regulations may, for example, provide for a rate to be determined by reference to a specified
p.000031: interest rate or other specified criterion.
p.000031: (5) The regulations must enable the adult to terminate a deferred payment agreement by—
p.000031: (a) giving the authority notice, and
p.000031: (b) paying the authority the full amount for which the adult is liable with respect to the adult’s deferred amount
p.000031: and any interest or other amount charged under regulations made under subsection (1) or under the agreement.
p.000031: (6) The regulations may make other provision about the duration of a deferred payment agreement and for its
p.000031: termination by either party.
p.000031: (7) The regulations may make provision as to the rights and obligations of the authority and the
p.000031: adult where the adult disposes of any legal or beneficial
p.000031:
p.000032: 32
p.000032: Care Act 2014 (c. 23)
p.000032: Part 1 — Care and support
p.000032:
p.000032: interest in a property to which a deferred payment agreement relates and acquires a legal or beneficial
p.000032: interest in another property (whether or not it is in the area of that authority); they may, for example, make
p.000032: provision—
p.000032: (a) for the authority not to require payment of the amounts referred to in subsection (5)(b) until the time
p.000032: specified in or determined in accordance with the regulations;
p.000032: (b) for the adult to give the authority a charge over the adult’s legal or beneficial interest in the
p.000032: other property.
p.000032: (8) The regulations may—
p.000032: (a) require or permit terms or conditions of a specified description, or in a specified form, to be included in a
p.000032: deferred payment agreement;
p.000032: (b) permit such other terms or conditions as the authority considers appropriate to be included in such an
p.000032: agreement;
p.000032: (c) require statements or other information relating to specified matters, or in a specified form, to be included in
p.000032: such an agreement.
p.000032: (9) The regulations may make provision for the purpose of enabling local authorities to protect (for
p.000032: example, by registration) or enforce security obtained for the payment of the adult’s deferred amount or the payment of
p.000032: any interest or other amount referred to in subsection (1); and, for that purpose, the regulations may
p.000032: amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.
p.000032: (10) This section applies in relation to an agreement of the kind mentioned in section 34(8) as it
p.000032: applies in relation to a deferred payment agreement; and for that purpose—
p.000032: (a) the references in subsections (1), (3) and (5) to the adult’s deferred amount are to be read as
p.000032: references to the loan; and
p.000032: (b) the reference in subsection (9) to payment of the adult’s deferred amount is to be read as a reference
p.000032: to repayment of the loan.
p.000032:
p.000032: 36 Alternative financial arrangements
p.000032: (1) Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or
p.000032: permit a local authority to enter into alternative financial arrangements of a specified description with an adult.
p.000032: (2) “Alternative financial arrangements” means arrangements which in the Secretary of State’s opinion—
p.000032: (a) equate in substance to a deferred payment agreement or an agreement of the kind mentioned in section 34(8), but
p.000032: (b) achieve a similar effect to an agreement of the kind in question without including provision for the payment of
p.000032: interest.
p.000032: (3) The regulations may make provision in connection with alternative financial arrangements to which they apply,
p.000032: including, in particular, provision of the kind that may (or must) be made in regulations under section 34 or 35 (apart
p.000032: from provision for the payment of interest).
p.000032:
p.000032: Care Act 2014 (c. 23)
p.000033: 33
p.000033: Part 1 — Care and support
p.000033:
p.000033: Continuity of care and support when adult moves
p.000033:
p.000033: 37 Notification, assessment, etc.
p.000033: (1) This section applies where—
p.000033: (a) an adult’s needs for care and support are being met by a local authority (“the first authority”) under section
p.000033: 18 or 19,
p.000033: (b) the adult notifies another local authority (“the second authority”) (or that authority is notified on the
p.000033: adult’s behalf) that the adult intends to move to the area of the second authority, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (2) This section also applies where—
p.000033: (a) an adult is not having needs for care and support met under either of those sections but a local authority (“the
p.000033: first authority”) is nonetheless keeping a care account in the adult’s case,
p.000033: (b) the adult notifies another local authority (“the second authority”) (or that authority is notified on the
p.000033: adult’s behalf) that the adult intends to move to the area of the second authority, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (3) This section also applies where—
p.000033: (a) an adult’s needs for care and support are being met by a local authority (“the first authority”) under
p.000033: section 18 or 19 by the first authority arranging for the provision of accommodation in the area of another
p.000033: local authority (“the second authority”),
p.000033: (b) the adult notifies the second authority (or that authority is notified on the adult’s behalf) that the
p.000033: adult intends to move out of that accommodation but to remain, and be provided with care and support at
p.000033: home or in the community, in its area, and
p.000033: (c) the second authority is satisfied that the adult’s intention is genuine.
p.000033: (4) The second authority must—
p.000033: (a) provide the adult and, if the adult has or is proposing to have a carer, the carer with such information as it
p.000033: considers appropriate (in so far as it would not do so under section 4), and
p.000033: (b) notify the first authority that it is satisfied as mentioned in subsection (1)(c), (2)(c) or (3)(c).
p.000033: (5) The first authority, having received the notification under subsection (4)(b), must provide the second
p.000033: authority with—
p.000033: (a) a copy of any care and support plan prepared for the adult,
p.000033: (b) a copy of any independent personal budget prepared for the adult,
p.000033: (c) in a case within subsection (2), a copy of the most recent needs assessment in the adult’s case,
p.000033: (d) if the first authority has been keeping a care account in the adult’s case, a copy of that account,
p.000033: (e) if the adult has a carer and that carer is to continue as the adult’s carer after the move, a copy of any
p.000033: support plan prepared for the carer, and
p.000033: (f) such other information relating to the adult and, if the adult has a carer (whether or not one with needs for
p.000033: support), such other information relating to the carer as the second authority may request.
p.000033: (6) The second authority must—
p.000033:
p.000034: 34
p.000034: Care Act 2014 (c. 23)
p.000034: Part 1 — Care and support
p.000034:
p.000034: (a) assess whether the adult has needs for care and support and, if the adult does, what those needs
p.000034: are, and
p.000034: (b) where the adult has or is proposing to have a carer and it is appropriate to do so, assess whether the
p.000034: carer has or is likely to have needs for support and, if the carer does or is likely to, what those needs are
p.000034: or are likely to be.
p.000034: (7) In carrying out an assessment under subsection (6)(a) or (b), the second authority must have
p.000034: regard to the care and support plan provided under subsection (5)(a) or (as the case may be) the
p.000034: support plan provided under subsection (5)(e).
p.000034: (8) This Part—
p.000034: (a) applies to an assessment under subsection (6)(a) as it applies to a needs assessment, and
p.000034: (b) applies to an assessment under subsection (6)(b) as it applies to a carer’s assessment.
p.000034: (9) Pending the adult’s move, the first authority must keep in contact with the second authority in order to
p.000034: ascertain the progress that the second authority is making in preparing to meet—
p.000034: (a) any needs for care and support under section 18 or 19 in the adult’s case, and
p.000034: (b) where the adult is proposing to have a carer immediately after the move, any needs for support under
p.000034: section 20 in the carer’s case.
p.000034: (10) The first authority must keep the adult (and, where applicable, the carer) informed about its
p.000034: contact under subsection (9) with the second authority and must involve the adult (and, where applicable, the carer) in
p.000034: the contact.
p.000034: (11) Where the needs identified by an assessment under subsection (6)(a) carried out by the second authority are
p.000034: different from those specified in the care and support plan provided under subsection (5)(a), the second
p.000034: authority must provide a written explanation of the difference to—
p.000034: (a) the adult,
p.000034: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000034: (c) any other person to whom the adult asks the authority to provide the explanation.
p.000034: (12) Where the cost to the second authority of meeting the adult’s eligible needs is different from the cost to the
p.000034: first authority of doing so, the second authority must provide a written explanation of the difference to—
p.000034: (a) the adult,
p.000034: (b) any carer that the adult has, if the adult asks the authority to do so, and
p.000034: (c) any other person to whom the adult asks the authority to provide the explanation.
p.000034: (13) Where the needs identified by an assessment under subsection (6)(b) carried out by the second authority
p.000034: are different from those in the support plan provided under subsection (5)(e), the second authority must provide
p.000034: a written explanation of the difference to—
p.000034: (a) the carer,
p.000034: (b) the adult needing care, if the carer asks the authority to do so, and
p.000034: (c) any other person to whom the carer asks the authority to provide an explanation.
p.000034:
p.000034: Care Act 2014 (c. 23)
p.000035: 35
p.000035: Part 1 — Care and support
p.000035:
p.000035: (14) Regulations may specify steps which a local authority must take for the purpose of being satisfied
p.000035: as mentioned in subsection (1)(c), (2)(c) or (3)(c).
p.000035: (15) In this section—
p.000035: (a) an adult’s needs are “eligible needs” if they meet the eligibility criteria and are not being met by a carer,
p.000035: (b) a reference to moving to an area is a reference to moving to that area with a view to becoming ordinarily
p.000035: resident there, and
p.000035: (c) a reference to remaining in an area is a reference to remaining ordinarily resident there.
p.000035:
p.000035: 38 Case where assessments not complete on day of move
p.000035: (1) If, on the day of the intended move as mentioned in section 37(1)(b), (2)(b) or (3)(b), the second authority has
p.000035: yet to carry out the assessment or assessments under section 37(6), or has done so but has yet to take the other steps
p.000035: required under this Part in the adult’s case, it must—
p.000035: (a) meet the adult’s needs for care and support, and the needs for support of any carer who is continuing as
p.000035: the adult’s carer, which the first authority has been meeting, and
p.000035: (b) where the first authority has been keeping a care account in the adult’s case, itself keep that account on the
p.000035: same basis as the first authority has been keeping it.
p.000035: (2) The second authority is subject to the duty under subsection (1) until it has—
p.000035: (a) carried out the assessment or assessments under section 37(6), and
p.000035: (b) taken the other steps required under this Part in the adult’s case.
p.000035: (3) In deciding how to meet the adult’s needs for care and support under subsection (1), the second
p.000035: authority must involve—
p.000035: (a) the adult,
p.000035: (b) any carer who is continuing as the adult’s carer, and
p.000035: (c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority
p.000035: to do that, any person who appears to the authority to be interested in the adult’s welfare.
p.000035: (4) In deciding how to meet the needs for support of any carer who is continuing as the adult’s carer, the second
p.000035: authority must involve—
p.000035: (a) the carer,
p.000035: (b) the adult needing care, if the carer asks the authority to do so, and
p.000035: (c) any other person whom the carer asks the authority to involve.
p.000035: (5) In performing the duty under subsection (3)(a) or (4)(a), the second authority must take all reasonable steps to
p.000035: reach agreement with the adult or carer about how it should meet the needs in question.
p.000035: (6) The first authority is not required to meet the adult’s needs for care and support or, if the adult
p.000035: has a carer, such needs for support as the carer has, for so long as the second authority is subject to the duty under
p.000035: subsection (1).
p.000035: (7) Where, having complied with the duty under subsection (1), the second authority is not required to
p.000035: meet the adult’s needs for care and support under section 18 because the adult is still ordinarily resident in the area
p.000035: of the first authority, the second authority may recover from the first authority the costs it incurs in complying with
p.000035: the duty under subsection (1).
p.000035:
p.000036: 36
p.000036: Care Act 2014 (c. 23)
p.000036: Part 1 — Care and support
p.000036:
p.000036: (8) Regulations may specify matters to which the second authority must have regard in deciding how to
p.000036: perform the duty under subsection (1).
p.000036:
p.000036: Establishing where a person lives, etc.
p.000036:
p.000036: 39 Where a person’s ordinary residence is
p.000036: (1) Where an adult has needs for care and support which can be met only if the adult is living in accommodation of a
p.000036: type specified in regulations, and the adult is living in accommodation in England of a type so specified, the adult is
p.000036: to be treated for the purposes of this Part as ordinarily resident—
p.000036: (a) in the area in which the adult was ordinarily resident immediately before the adult began to live in
p.000036: accommodation of a type specified in the regulations, or
p.000036: (b) if the adult was of no settled residence immediately before the adult began to live in accommodation of a type
p.000036: so specified, in the area in which the adult was present at that time.
p.000036: (2) Where, before beginning to live in his or her current accommodation, the adult was living in accommodation of a
p.000036: type so specified (whether or not of the same type as the current accommodation), the reference in subsection (1)(a) to
p.000036: when the adult began to live in accommodation of a type so specified is a reference to the beginning of the period
p.000036: during which the adult has been living in accommodation of one or more of the specified types for consecutive
p.000036: periods.
p.000036: (3) The regulations may make provision for determining for the purposes of subsection (1) whether an adult
p.000036: has needs for care and support which can be met only if the adult is living in accommodation of a type
p.000036: specified in the regulations.
p.000036: (4) An adult who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care)
p.000036: is to be treated for the purposes of this Part as ordinarily resident in the area of the local authority in England or
p.000036: the local authority in Wales on which the duty to provide the adult with services under that section is imposed; and
p.000036: for that purpose—
p.000036: (a) “local authority in England” means a local authority for the purposes of this Part, and
p.000036: (b) “local authority in Wales” means a local authority for the purposes of the Social Services and Well-being
p.000036: (Wales) Act 2014.
p.000036: (5) An adult who is being provided with NHS accommodation is to be treated for the purposes of this Part as
p.000036: ordinarily resident—
p.000036: (a) in the area in which the adult was ordinarily resident immediately before the accommodation was
p.000036: provided, or
p.000036: (b) if the adult was of no settled residence immediately before the accommodation was provided, in the
p.000036: area in which the adult was present at that time.
p.000036: (6) “NHS accommodation” means accommodation under—
p.000036: (a) the National Health Service Act 2006,
p.000036: (b) the National Health Service (Wales) Act 2006,
p.000036: (c) the National Health Service (Scotland) Act 1978, or
p.000036: (d) Article 5(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.
p.000036:
p.000036: Care Act 2014 (c. 23)
p.000037: 37
p.000037: Part 1 — Care and support
p.000037:
p.000037: (7) The reference in subsection (1) to this Part does not include a reference to section 28
p.000037: (independent personal budget).
p.000037: (8) Schedule 1 (which makes provision about cross-border placements to and from Wales, Scotland or Northern Ireland)
p.000037: has effect.
p.000037:
p.000037: 40 Disputes about ordinary residence or continuity of care
p.000037: (1) Any dispute about where an adult is ordinarily resident for the purposes of this Part, or any dispute
p.000037: between local authorities under section 37 about the application of that section, is to be determined by—
p.000037: (a) the Secretary of State, or
p.000037: (b) where the Secretary of State appoints a person for that purpose (the “appointed person”), that person.
p.000037: (2) The Secretary of State or appointed person may review a determination under subsection (1), provided that the
p.000037: review begins within 3 months of the date of the determination.
p.000037: (3) Having carried out a review under subsection (2), the Secretary of State or appointed person must—
p.000037: (a) confirm the original determination, or
p.000037: (b) substitute a different determination.
p.000037: (4) Regulations may make further provision about resolution of disputes of the type mentioned in subsection (1); the
p.000037: regulations may, for example, include—
p.000037: (a) provision for ensuring that care and support is provided to the adult while the dispute is unresolved;
p.000037: (b) provision requiring the local authorities in dispute to take specified steps before referring the
p.000037: dispute to the Secretary of State or (as the case may be) the appointed person;
p.000037: (c) provision about the procedure for referring the dispute to the Secretary of State or appointed person;
p.000037: (d) where a review of a determination has been carried out under subsection (2) and a
p.000037: different determination substituted, provision requiring a local authority to take specified steps
p.000037: (including paying specified amounts) in relation to the period before the determination was substituted.
p.000037:
p.000037: 41 Financial adjustments between local authorities
p.000037: (1) This section applies where—
p.000037: (a) a local authority has been meeting an adult’s needs for care and support, but
p.000037: (b) it transpires (whether following the determination of a dispute under section 40 or otherwise) that the adult
p.000037: was, for some or all of the time that the authority has been meeting the adult’s needs, ordinarily resident in
p.000037: the area of another local authority.
p.000037: (2) This section also applies where—
p.000037: (a) a local authority has been meeting a carer’s needs for support, but
p.000037: (b) it transpires (whether following the determination of a dispute under section 40 or otherwise) that the adult
p.000037: needing care was, for some or all
p.000037:
p.000038: 38
p.000038: Care Act 2014 (c. 23)
p.000038: Part 1 — Care and support
p.000038:
p.000038: of the time that the authority has been meeting the carer’s needs, ordinarily resident in the area of
p.000038: another local authority.
p.000038: (3) The local authority concerned may recover from the other local authority the amount of any payments it made
p.000038: towards meeting the needs in question at a time when the other local authority was instead liable to meet
p.000038: them under section 18 or 20(1) (as the case may be).
p.000038: (4) Subsection (3) does not apply to payments which are the subject of a deferred payment agreement entered into by
p.000038: the local authority in question, unless it agrees with the other local authority to assign its rights and obligations
p.000038: under the deferred payment agreement to that other authority.
p.000038: (5) Any period during which a local authority was meeting the needs in question under section 19 or 20(6) is to be
p.000038: disregarded for the purposes of this section.
p.000038:
p.000038: Safeguarding adults at risk of abuse or neglect
p.000038:
p.000038: 42 Enquiry by local authority
p.000038: (1) This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether
p.000038: or not ordinarily resident there)—
p.000038: (a) has needs for care and support (whether or not the authority is meeting any of those needs),
p.000038: (b) is experiencing, or is at risk of, abuse or neglect, and
p.000038: (c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of
p.000038: it.
p.000038: (2) The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable
p.000038: it to decide whether any action should be taken in the adult’s case (whether under this Part or otherwise) and, if so,
p.000038: what and by whom.
p.000038: (3) “Abuse” includes financial abuse; and for that purpose “financial abuse” includes—
p.000038: (a) having money or other property stolen,
p.000038: (b) being defrauded,
p.000038: (c) being put under pressure in relation to money or other property, and
p.000038: (d) having money or other property misused.
p.000038:
p.000038: 43 Safeguarding Adults Boards
p.000038: (1) Each local authority must establish a Safeguarding Adults Board (an “SAB”) for its area.
p.000038: (2) The objective of an SAB is to help and protect adults in its area in cases of the kind described in section
p.000038: 42(1).
p.000038: (3) The way in which an SAB must seek to achieve its objective is by co-ordinating and ensuring the effectiveness of
p.000038: what each of its members does.
p.000038: (4) An SAB may do anything which appears to it to be necessary or desirable for the purpose of achieving its
p.000038: objective.
p.000038: (5) Schedule 2 (which includes provision about the membership, funding and other resources, strategy and
p.000038: annual report of an SAB) has effect.
p.000038:
p.000038: Care Act 2014 (c. 23)
p.000039: 39
p.000039: Part 1 — Care and support
p.000039:
p.000039: (6) Where two or more local authorities exercise their respective duties under subsection (1) by
p.000039: establishing an SAB for their combined area—
p.000039: (a) a reference in this section, section 44 or Schedule 2 to the authority establishing the SAB is
p.000039: to be read as a reference to the authorities establishing it, and
p.000039: (b) a reference in this section, that section or that Schedule to the SAB’s area is to be read as a reference to the
p.000039: combined area.
p.000039:
p.000039: 44 Safeguarding adults reviews
p.000039: (1) An SAB must arrange for there to be a review of a case involving an adult in its area with needs for care and
p.000039: support (whether or not the local authority has been meeting any of those needs) if—
p.000039: (a) there is reasonable cause for concern about how the SAB, members of it or other persons with relevant functions
p.000039: worked together to safeguard the adult, and
p.000039: (b) condition 1 or 2 is met.
p.000039: (2) Condition 1 is met if—
p.000039: (a) the adult has died, and
p.000039: (b) the SAB knows or suspects that the death resulted from abuse or neglect (whether or not it knew about
p.000039: or suspected the abuse or neglect before the adult died).
p.000039: (3) Condition 2 is met if—
p.000039: (a) the adult is still alive, and
p.000039: (b) the SAB knows or suspects that the adult has experienced serious abuse or neglect.
p.000039: (4) An SAB may arrange for there to be a review of any other case involving an adult in its area with needs
p.000039: for care and support (whether or not the local authority has been meeting any of those needs).
p.000039: (5) Each member of the SAB must co-operate in and contribute to the carrying out of a review under this section with
p.000039: a view to—
p.000039: (a) identifying the lessons to be learnt from the adult’s case, and
p.000039: (b) applying those lessons to future cases.
p.000039:
p.000039: 45 Supply of information
p.000039: (1) If an SAB requests a person to supply information to it, or to some other person specified in the request, the
p.000039: person to whom the request is made must comply with the request if—
p.000039: (a) conditions 1 and 2 are met, and
p.000039: (b) condition 3 or 4 is met.
p.000039: (2) Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its
p.000039: functions.
p.000039: (3) Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be
p.000039: such that the person is likely to have information relevant to the exercise of a function by the SAB.
p.000039: (4) Condition 3 is that the information relates to—
p.000039: (a) the person to whom the request is made,
p.000039:
p.000040: 40
p.000040: Care Act 2014 (c. 23)
p.000040: Part 1 — Care and support
p.000040:
p.000040: (b) a function or activity of that person, or
p.000040: (c) a person in respect of whom that person exercises a function or engages in an activity.
p.000040: (5) Condition 4 is that the information—
p.000040: (a) is information requested by the SAB from a person to whom information was supplied in
p.000040: compliance with another request under this section, and
p.000040: (b) is the same as, or is derived from, information so supplied.
p.000040: (6) Information may be used by the SAB, or other person to whom it is supplied under subsection (1), only for the
p.000040: purpose of enabling or assisting the SAB to exercise its functions.
p.000040:
p.000040: 46 Abolition of local authority’s power to remove persons in need of care
p.000040: Section 47 of the National Assistance Act 1948 (which gives a local authority power to remove a person in need
p.000040: of care from home) ceases to apply to persons in England.
p.000040:
p.000040: 47 Protecting property of adults being cared for away from home
p.000040: (1) This section applies where—
p.000040: (a) an adult is having needs for care and support met under section 18 or
p.000040: 19 in a way that involves the provision of accommodation, or is admitted to hospital (or both), and
p.000040: (b) it appears to a local authority that there is a danger of loss or damage to movable property of the adult’s in
p.000040: the authority’s area because—
p.000040: (i) the adult is unable (whether permanently or temporarily) to protect or deal with the property, and
p.000040: (ii) no suitable arrangements have been or are being made.
p.000040: (2) The local authority must take reasonable steps to prevent or mitigate the loss or damage.
p.000040: (3) For the purpose of performing that duty, the local authority—
p.000040: (a) may at all reasonable times and on reasonable notice enter any premises which the adult was
p.000040: living in immediately before being provided with accommodation or admitted to hospital, and
p.000040: (b) may deal with any of the adult’s movable property in any way which is reasonably necessary for preventing or
p.000040: mitigating loss or damage.
p.000040: (4) A local authority may not exercise the power under subsection (3)(a) unless—
p.000040: (a) it has obtained the consent of the adult concerned or, where the adult lacks capacity to give consent, the
p.000040: consent of a person authorised under the Mental Capacity Act 2005 to give it on the adult’s behalf, or
p.000040: (b) where the adult lacks capacity to give consent and there is no person so authorised, the local authority is
p.000040: satisfied that exercising the power would be in the adult’s best interests.
p.000040: (5) Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it
p.000040: authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.
p.000040:
p.000040: Care Act 2014 (c. 23)
p.000041: 41
p.000041: Part 1 — Care and support
p.000041:
p.000041: (6) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—
p.000041: (a) commits an offence, and
p.000041: (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
p.000041: (7) A local authority may recover from an adult whatever reasonable expenses the authority incurs under this section
p.000041: in the adult’s case.
p.000041:
p.000041: Provider failure
p.000041:
p.000041: 48 Temporary duty on local authority
p.000041: (1) This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008
p.000041: (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part)
p.000041: becomes unable to carry on that activity because of business failure.
p.000041: (2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do
p.000041: so) meet those of an adult’s needs for care and support and those of a carer’s needs for support which were,
p.000041: immediately before the registered care provider became unable to carry on the regulated activity, being met by the
p.000041: carrying on of that activity in the authority’s area by the provider.
p.000041: (3) A local authority is accordingly required to meet needs under subsection (2) regardless of—
p.000041: (a) whether the relevant adult is ordinarily resident in its area;
p.000041: (b) whether the authority has carried out a needs assessment, a carer’s assessment or a financial
p.000041: assessment;
p.000041: (c) whether any of the needs meet the eligibility criteria.
p.000041: (4) Where a local authority is meeting needs under subsection (2), it is not required to carry out a needs
p.000041: assessment, a carer’s assessment or a financial assessment or to determine whether any of the needs meet the
p.000041: eligibility criteria.
p.000041: (5) A local authority may make a charge for meeting needs under subsection (2) (except in so far as doing so
p.000041: involves the provision of information or advice); and a charge under this subsection may cover only the cost
p.000041: that the local authority incurs in meeting the needs to which the charge applies.
p.000041: (6) Subsection (5) does not apply if section 49 (cross-border cases) applies (see subsection (3) of that
p.000041: section).
p.000041: (7) If the relevant adult is not ordinarily resident in the area of the local authority which is required to meet
p.000041: needs under subsection (2), that authority—
p.000041: (a) must, in meeting needs under that subsection which were being met under arrangements made by another local
p.000041: authority, co-operate with that authority (in so far as it is not already required to do so by section
p.000041: 6);
p.000041: (b) must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of
p.000041: which was paid for by another local authority by means of direct payments, co-operate with that authority (in so
p.000041: far as it is not already required to do so by section 6);
p.000041:
p.000042: 42
p.000042: Care Act 2014 (c. 23)
p.000042: Part 1 — Care and support
p.000042:
p.000042: (c) may recover from the other local authority mentioned in paragraph (a) or (b) (as the case may be) the cost
p.000042: it incurs in meeting those of the adult’s or carer’s needs referred to in the paragraph in question.
p.000042: (8) Any dispute between local authorities about the application of this section is to be determined under section 40
p.000042: as if it were a dispute of the type mentioned in subsection (1) of that section.
p.000042: (9) “The relevant adult” means—
p.000042: (a) in a case involving an adult’s needs for care and support, that adult;
p.000042: (b) in a case involving a carer’s needs for support, the adult needing care.
p.000042:
p.000042: 49 Section 48: cross-border cases
p.000042: (1) This section applies where, in a case within section 48, immediately before the registered care provider became
p.000042: unable to carry on the regulated activity, some or all of the adult’s needs for care and support or the carer’s needs
p.000042: for support were being met by the carrying on of that activity by the provider under arrangements made—
p.000042: (a) by a local authority in Wales discharging its duty under section 35 or 40, or exercising its power under section
p.000042: 36 or 45, of the Social Services and Well-being (Wales) Act 2014,
p.000042: (b) by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act
p.000042: 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003, or
p.000042: (c) by a Health and Social Care trust under Article 15 of the Health and Personal Social Services (Northern Ireland)
p.000042: Order 1972 or section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.
p.000042: (2) This section also applies where, in a case within section 48—
p.000042: (a) immediately before the registered care provider became unable to carry on the regulated activity, some or all of
p.000042: the adult’s needs for care and support or the carer’s needs for support were being met by the carrying on of that
p.000042: activity by the provider, and
p.000042: (b) all or part of the cost of the accommodation or other services provided by the provider to meet those needs was
p.000042: paid for by means of direct payments made—
p.000042: (i) under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014,
p.000042: (ii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support)
p.000042: (Scotland) Act 2013, or
p.000042: (iii) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
p.000042: (3) The local authority which is required to meet needs under section 48(2)—
p.000042: (a) must, in meeting needs under section 48(2) which were being met by the authority which made the arrangements
p.000042: referred to in subsection (1), co-operate with that authority;
p.000042: (b) must, in meeting needs under section 48(2) which were being met by the provision of accommodation or other
p.000042: services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in
p.000042: subsection (2), co-operate with that authority;
p.000042:
p.000042: Care Act 2014 (c. 23)
p.000043: 43
p.000043: Part 1 — Care and support
p.000043:
p.000043: (c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in
...
p.000043: Wales all or part of the cost of which was paid for by means of direct payments made—
p.000043: (i) under this Part of this Act,
p.000043: (ii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support)
p.000043: (Scotland) Act 2013, or
p.000043: (iii) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
p.000043: (3) The local authority in Wales in whose area the accommodation is situated or the services were provided must
p.000043: for so long as it considers necessary meet those of the adult’s needs for care and support or the carer’s needs
p.000043: for support
p.000043:
p.000044: 44
p.000044: Care Act 2014 (c. 23)
p.000044: Part 1 — Care and support
p.000044:
p.000044: which were being met by the registered person by the provision of the accommodation or other services.
p.000044: (4) A local authority in Wales which is required to meet needs under subsection (3)—
p.000044: (a) must, in meeting needs under that subsection which were being met by the authority which made the arrangements
p.000044: referred to in subsection (1)(b), co-operate with that authority;
p.000044: (b) must, in meeting needs under subsection (3) which were being met by the provision of accommodation or other
p.000044: services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in
p.000044: subsection (2)(b), co-operate with that authority;
p.000044: (c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in
p.000044: meeting those of the adult’s or carer’s needs referred to in the paragraph in question.
p.000044: (5) Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule
p.000044: 1.
p.000044: (6) “Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph
p.000044: 12 of Schedule 1.
p.000044: (7) The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority,
p.000044: a local authority in Scotland or a Health and Social Care trust (as the case may be).
p.000044:
p.000044: 51 Temporary duty on Health and Social Care trust in Northern Ireland
p.000044: (1) This section applies where a person registered under Part 3 of the Health and Social Services (Quality,
p.000044: Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or agency—
p.000044: (a) becomes unable to carry on or manage the establishment or agency because of business failure, and
p.000044: (b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in
p.000044: Northern Ireland under arrangements made—
p.000044: (i) by a local authority meeting an adult’s needs for care and support or a carer’s needs for support
p.000044: under this Part,
p.000044: (ii) by a local authority in Wales discharging its duty under section 35 or 40, or exercising its power under
p.000044: section 36 or 45, of the Social Services and Well-being (Wales) Act 2014, or
p.000044: (iii) by a local authority in Scotland discharging its duty under section 12 or 13A of the Social
p.000044: Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
p.000044: (2) This section also applies where a person registered under Part 3 of the Health and Personal Social
p.000044: Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or
p.000044: agency—
p.000044: (a) becomes unable to carry on or manage the establishment or agency because of business failure, and
p.000044: (b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in
p.000044: Northern Ireland, all or part of the cost of which was paid for by means of direct payments made—
p.000044: (i) under this Part of this Act,
p.000044:
p.000044: Care Act 2014 (c. 23)
p.000045: 45
p.000045: Part 1 — Care and support
p.000045:
p.000045: (ii) under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014, or
p.000045: (iii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support)
p.000045: (Scotland) Act 2013.
p.000045: (3) The Health and Social Care trust in whose area the accommodation is situated or the services were provided must
p.000045: for so long as it considers necessary meet those of the adult’s needs for care and support or the carer’s needs for
p.000045: support which were being met by the registered person by the provision of the accommodation or other
p.000045: services.
p.000045: (4) A Health and Social Care trust which is required to meet needs under subsection (3)—
p.000045: (a) must, in meeting needs under that subsection which were being met by the authority which made the arrangements
p.000045: referred to in subsection (1)(b), co-operate with that authority;
p.000045: (b) must, in meeting needs under subsection (3) which were being met by the provision of accommodation or other
p.000045: services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in
p.000045: subsection (2)(b), co-operate with that authority;
p.000045: (c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in
p.000045: meeting those of the adult’s or carer’s needs referred to in the paragraph in question.
p.000045: (5) Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule
p.000045: 1.
p.000045: (6) “Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph
p.000045: 12 of Schedule 1.
p.000045: (7) The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority,
p.000045: a local authority in Wales or a local authority in Scotland (as the case may be).
p.000045:
p.000045: 52 Sections 48 to 51: supplementary
p.000045: (1) An authority becomes subject to the duty under section 48(2), 50(3) or 51(3) as soon as it becomes aware of the
p.000045: business failure.
p.000045: (2) Section 8 (how to meet needs) applies to meeting needs under section 48(2) as it applies to meeting needs under
p.000045: section 18.
p.000045: (3) Section 34 of the Social Services and Well-being (Wales) Act 2014 (how to meet needs) applies to meeting needs
p.000045: under section 50(3) as it applies to meeting needs under section 35 of that Act.
p.000045: (4) In deciding how to meet an adult’s needs for care and support under section 48(2), 50(3) or 51(3), an authority
p.000045: must involve—
p.000045: (a) the adult,
p.000045: (b) any carer that the adult has, and
p.000045: (c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority
p.000045: to do that, any person who appears to the authority to be interested in the adult’s welfare.
p.000045: (5) In deciding how to meet a carer’s needs for support under section 48(2), 50(3) or 51(3), an authority must
p.000045: involve—
p.000045: (a) the carer, and
p.000045:
p.000046: 46
p.000046: Care Act 2014 (c. 23)
p.000046: Part 1 — Care and support
p.000046:
p.000046: (b) any person whom the carer asks the authority to involve.
p.000046: (6) In carrying out the duty under subsection (4)(a) or (5)(a), an authority must take all reasonable steps to reach
p.000046: agreement with the adult or carer about how it should meet the needs in question.
p.000046: (7) Sections 21 to 23 (exceptions to duty to meet needs) apply to meeting needs under section 48(2) as they apply to
p.000046: meeting needs under section 18.
p.000046: (8) Sections 46 to 49 of the Social Services and Well-being (Wales) Act 2014 (exceptions to, and
p.000046: restrictions on, duty to meet needs) apply to meeting needs under section 50(3) as they apply to meeting needs under
p.000046: section 35 of that Act.
p.000046: (9) Where an adult whose case comes within section 48 is being provided with NHS continuing healthcare under
p.000046: arrangements made by a clinical commissioning group no part of whose area is in the local authority’s area, the
p.000046: group is to be treated as a relevant partner of the authority for the purposes of sections 6 and 7.
p.000046: (10) “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the
p.000046: National Health Service Act 2006.
p.000046: (11) Where a local authority considers it necessary to do so for the purpose of carrying out its duty
p.000046: under section 48(2), it may request the registered care provider, or such other person involved in the
p.000046: provider’s business as it considers appropriate, to provide it with specified information.
p.000046: (12) Regulations must make provision as to the interpretation for the purposes of sections 48, 50 and 51 and this
p.000046: section of references to business failure or to being unable to do something because of business failure; and the
p.000046: regulations may, in particular, specify circumstances in which a person is to be treated as unable to do something
p.000046: because of business failure.
p.000046: (13) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014—
p.000046: (a) a reference in section 49 or 51 to making arrangements to meet needs under section 35 or 36 of that Act is to be
p.000046: read as a reference to making arrangements or providing services under—
p.000046: (i) Part 3 of the National Assistance Act 1948,
p.000046: (ii) section 45 of the Health Services and Public Health Act 1968,
p.000046: (iii) section 117 of the Mental Health Act 1983, or
p.000046: (iv) Schedule 15 to the National Health Service (Wales) Act 2006;
p.000046: (b) a reference in section 49 or 51 to making arrangements to meet needs under section 40 or 45 of that Act
p.000046: is to be read as a reference to providing services as referred to in section 2 of the Carers and Disabled
p.000046: Children Act 2000;
p.000046: (c) a reference in section 49 or 51 to making direct payments under section 50 or 52 of that Act is to be
p.000046: read as a reference to making direct payments by virtue of section 57 of the Health and Social Care Act 2001;
p.000046: (d) subsection (8) is to be read as if there were substituted for it—
p.000046: “(8) Sections 21(1A) and (8) and 29(6) of the National Assistance Act 1948 apply to meeting needs under section
p.000046: 50(3) as they apply to the exercise of functions under sections 21 and 29 of that Act by a local authority in
p.000046: Wales (within the meaning given in paragraph 12 of Schedule 1).”
p.000046:
p.000046: Care Act 2014 (c. 23)
p.000047: 47
p.000047: Part 1 — Care and support
p.000047:
p.000047: (14) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—
p.000047: (a) sections 49(2)(b)(ii) and 50(2)(b)(ii) are to be read as if there were substituted for each of them—
p.000047: “(ii) under section 12B of the Social Work (Scotland)
p.000047: Act 1968,”, and
p.000047: (b) section 51(2)(b)(iii) is to be read as if there were substituted for it— “(iii) under section 12B of the
p.000047: Social Work (Scotland)
p.000047: Act 1968.”.
p.000047:
p.000047: Market oversight
p.000047:
p.000047: 53 Specifying criteria for application of market oversight regime
p.000047: (1) Regulations must specify criteria for determining whether (subject to regulations under
p.000047: subsection (4)) section 55 (financial sustainability assessment) applies to a registered care provider
p.000047: who is registered in respect of the carrying on of a regulated activity relating to the provision of social care for
p.000047: adults.
p.000047: (2) In specifying the criteria, the Secretary of State must have regard to the following in particular—
p.000047: (a) the amount of social care provided by a registered care provider,
p.000047: (b) the geographical concentration of a registered care provider’s business,
p.000047: (c) the extent to which a registered care provider specialises in the provision of particular types of
p.000047: care.
p.000047: (3) The Secretary of State must—
p.000047: (a) at such times as the Secretary of State considers appropriate, review the criteria for the time being specified
p.000047: in the regulations, and
...
p.000048: as the Commission incurs in connection with the arrangements (other than its administrative costs in making
p.000048: the arrangements).
p.000048: (5) Regulations may make provision for enabling the Commission to obtain from such persons as it considers
p.000048: appropriate information which the Commission believes will assist it to assess the financial sustainability of a
p.000048: registered care provider to which this section applies.
p.000048: (6) Regulations may make provision about the making of the assessment required by subsection (1).
p.000048: (7) The Commission may consult such persons as it considers appropriate on the method for assessing the financial
p.000048: sustainability of a registered care provider’s business; and, having done so, it must publish guidance on the
p.000048: method it expects to apply in making the assessment.
p.000048:
p.000048: 56 Informing local authorities where failure of care provider likely
p.000048: (1) This section applies where the Care Quality Commission is satisfied that a registered care provider
p.000048: to which section 55 applies is likely to become unable
p.000048:
p.000048: Care Act 2014 (c. 23)
p.000049: 49
p.000049: Part 1 — Care and support
p.000049:
p.000049: to carry on the regulated activity in respect of which it is registered because of business failure as mentioned in
p.000049: section 48.
p.000049: (2) The Commission must inform the local authorities which it thinks will be required to carry out
p.000049: the duty under section 48(2) if the provider becomes unable to carry on the regulated activity in question.
p.000049: (3) Where the Commission considers it necessary to do so for the purpose of assisting a local
p.000049: authority to carry out the duty under section 48(2), it may request the provider, or such other person
p.000049: involved in the provider’s business as the Commission considers appropriate, to provide it with
p.000049: specified information.
p.000049: (4) Where (as a result of subsection (3) or otherwise) the Commission has information about the
p.000049: provider’s business that it considers may assist a local authority in carrying out the duty under section 48(2), the
p.000049: Commission must give the information to the local authority.
p.000049: (5) Regulations may make provision as to the circumstances in which the Commission is entitled to be
p.000049: satisfied for the purposes of subsection (1) that a registered care provider is likely to become unable to
p.000049: carry on a regulated activity.
p.000049: (6) The Commission may consult such persons as it considers appropriate on the methods to apply in assessing
p.000049: likelihood for the purposes of subsection (1); and, having carried out that consultation, it must publish
p.000049: guidance on the methods it expects to apply in making the assessment.
p.000049:
p.000049: 57 Sections 54 to 56: supplementary
p.000049: (1) For the purposes of Part 1 of the Health and Social Care Act 2008, the duties imposed on the Care Quality
p.000049: Commission under sections 54(1) and 55(1) are to be treated as regulatory functions of the Commission.
p.000049: (2) For the purposes of that Part of that Act, the doing by the Commission of anything for the purpose
p.000049: of assisting a local authority to carry out the duty under section 48(2) is to be treated as one of the
p.000049: Commission’s regulatory functions.
p.000049: (3) For the purposes of sections 17 and 18 of that Act (cancellation or suspension of registration under Part 1 of
p.000049: that Act), a requirement imposed on a registered care provider under or by virtue of any of sections 54 to 56 (or by
p.000049: virtue of subsection (1) or (2)) is to be treated as a requirement imposed by or under Chapter 6 of Part 1 of that Act.
p.000049: (4) The Commission must, in exercising any of its functions under sections 54 to 56, have regard to the need to
p.000049: minimise the burdens it imposes on others.
p.000049:
p.000049: Transition for children to adult care and support, etc.
p.000049:
p.000049: 58 Assessment of a child’s needs for care and support
p.000049: (1) Where it appears to a local authority that a child is likely to have needs for care and support after becoming
p.000049: 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the
p.000049: consent condition is met, assess—
p.000049:
p.000050: 50
p.000050: Care Act 2014 (c. 23)
p.000050: Part 1 — Care and support
p.000050:
p.000050: (a) whether the child has needs for care and support and, if so, what those needs are, and
p.000050: (b) whether the child is likely to have needs for care and support after becoming 18 and, if so, what
p.000050: those needs are likely to be.
p.000050: (2) An assessment under subsection (1) is referred to in this Part as a “child’s needs assessment”.
p.000050: (3) The consent condition is met if—
p.000050: (a) the child has capacity or is competent to consent to a child’s needs assessment being carried out
p.000050: and the child does so consent, or
p.000050: (b) the child lacks capacity or is not competent so to consent but the authority is satisfied that
p.000050: carrying out a child’s needs assessment would be in the child’s best interests.
p.000050: (4) Where a child refuses a child’s needs assessment and the consent condition is accordingly not met, the local
p.000050: authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or
p.000050: neglect.
p.000050: (5) Where a local authority, having received a request to carry out a child’s assessment from the child
p.000050: concerned or a parent or carer of the child, decides not to comply with the request, it must give the person
p.000050: who made the request—
p.000050: (a) written reasons for its decision, and
p.000050: (b) information and advice about what can be done to prevent or delay the development by the child of needs for care
p.000050: and support in the future.
p.000050: (6) “Parent”, in relation to a child, includes—
p.000050: (a) a parent of the child who does not have parental responsibility for the child, and
p.000050: (b) a person who is not a parent of the child but who has parental responsibility for the child.
p.000050: (7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for
p.000050: the child, whether or not under or by virtue of a contract or as voluntary work.
p.000050: (8) The reference to providing care includes a reference to providing practical or emotional support.
p.000050:
p.000050: 59 Child’s needs assessment: requirements etc.
p.000050: (1) A child’s needs assessment must include an assessment of—
p.000050: (a) the impact on the matters specified in section 1(2) of what the child’s needs for care and support are likely to
p.000050: be after the child becomes 18,
p.000050: (b) the outcomes that the child wishes to achieve in day-to-day life, and
p.000050: (c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of
p.000050: those outcomes.
p.000050: (2) A local authority, in carrying out a child’s needs assessment, must involve—
p.000050: (a) the child,
p.000050: (b) the child’s parents and any carer that the child has, and
p.000050: (c) any person whom the child or a parent or carer of the child requests the local authority to involve.
p.000050:
p.000050: Care Act 2014 (c. 23)
p.000051: 51
p.000051: Part 1 — Care and support
p.000051:
p.000051: (3) When carrying out a child’s needs assessment, a local authority must also consider whether, and if so
p.000051: to what extent, matters other than the provision of care and support could contribute to the achievement of the
p.000051: outcomes that the child wishes to achieve in day-to-day life.
p.000051: (4) Having carried out a child’s needs assessment, a local authority must give the child—
p.000051: (a) an indication as to whether any of the needs for care and support which it thinks the child is likely to have
p.000051: after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000051: (b) advice and information about—
p.000051: (i) what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;
p.000051: (ii) what can be done to prevent or delay the development by the child of needs for care and support in the future.
p.000051: (5) But in a case where the child is not competent or lacks capacity to understand the things which the local
p.000051: authority is required to give under subsection (4), that subsection is to have effect as if for “must give
p.000051: the child” there were substituted “must give the child’s parents”.
p.000051: (6) Where a person to whom a child’s needs assessment relates becomes 18, the local authority must decide
p.000051: whether to treat the assessment as a needs assessment; and if the authority decides to do so, this Part applies
p.000051: to the child’s needs assessment as if it were a needs assessment that had been carried out after the person had become
p.000051: 18.
p.000051: (7) In considering what to decide under subsection (6), a local authority must have regard to—
p.000051: (a) when the child’s needs assessment was carried out, and
p.000051: (b) whether it appears to the authority that the circumstances of the person to whom the child’s needs assessment
p.000051: relates have changed in a way that might affect the assessment.
p.000051: (8) “Carer” has the same meaning as in section 58.
p.000051:
p.000051: 60 Assessment of a child’s carer’s needs for support
p.000051: (1) Where it appears to a local authority that a carer of a child is likely to have needs for support after the
p.000051: child becomes 18, the authority must, if it is satisfied that it would be of significant benefit to the carer to do so,
p.000051: assess—
p.000051: (a) whether the carer has needs for support and, if so, what those needs are, and
p.000051: (b) whether the carer is likely to have needs for support after the child becomes 18 and, if so, what
p.000051: those needs are likely to be.
p.000051: (2) An assessment under subsection (1) is referred to in this Part as a “child’s carer’s assessment”.
p.000051: (3) Where a child’s carer refuses a child’s carer’s assessment, the local authority is not required to carry out the
p.000051: assessment (and subsection (1) does not apply in the carer’s case).
p.000051: (4) Where, having refused a child’s carer’s assessment, a child’s carer requests the assessment, subsection (1)
p.000051: applies in the carer’s case (and subsection (3) does not).
p.000051:
p.000052: 52
p.000052: Care Act 2014 (c. 23)
p.000052: Part 1 — Care and support
p.000052:
p.000052: (5) Where a child’s carer has refused a child’s carer’s assessment and the local authority concerned thinks that
p.000052: the carer’s needs or circumstances have changed, subsection (1) applies in the carer’s case (but subject to
p.000052: further refusal as mentioned in subsection (3)).
p.000052: (6) Where a local authority, having received a request to carry out a child’s carer’s assessment from the carer
p.000052: concerned, decides not to comply with the request, it must give the carer—
p.000052: (a) written reasons for its decision, and
p.000052: (b) information and advice about what can be done to prevent or delay the development by the carer of needs for
p.000052: support in the future.
p.000052: (7) “Carer”, in relation to a child, means an adult (including one who is a parent of the child) who provides or
p.000052: intends to provide care for the child (but see subsection (8)).
p.000052: (8) An adult is not a carer for the purposes of this section if the adult provides or intends to provide care—
p.000052: (a) under or by virtue of a contract, or
p.000052: (b) as voluntary work.
p.000052: (9) But in a case where the local authority considers that the relationship between the child and the adult
p.000052: providing or intending to provide care is such that it would be appropriate for the adult to be regarded as a carer,
p.000052: the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).
p.000052: (10) The references to providing care include a reference to providing practical or emotional support.
p.000052:
p.000052: 61 Child’s carer’s assessment: requirements etc.
p.000052: (1) A child’s carer’s assessment must include an assessment of—
p.000052: (a) whether the carer is able to provide care for the child and is likely to continue to be able to do so after the
p.000052: child becomes 18,
p.000052: (b) whether the carer is willing to do so and is likely to continue to be willing to do so after the
p.000052: child becomes 18,
p.000052: (c) the impact on the matters specified in section 1(2) of what the carer’s needs for support are likely to be after
p.000052: the child becomes 18,
p.000052: (d) the outcomes that the carer wishes to achieve in day-to-day life, and
p.000052: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000052: those outcomes.
p.000052: (2) A local authority, in carrying out a child’s carer’s assessment, must have regard to—
p.000052: (a) whether the carer works or wishes to do so, and
p.000052: (b) whether the carer is participating in or wishes to participate in education, training or recreation.
p.000052: (3) A local authority, in carrying out a child’s carer’s assessment, must involve—
p.000052: (a) the carer, and
p.000052: (b) any person whom the carer asks the local authority to involve.
p.000052: (4) When carrying out a child’s carer’s assessment, a local authority must also consider whether, and if
p.000052: so to what extent, matters other than the provision of
p.000052:
p.000052: Care Act 2014 (c. 23)
p.000053: 53
p.000053: Part 1 — Care and support
p.000053:
p.000053: support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day
p.000053: life.
p.000053: (5) Having carried out a child’s carer’s assessment, a local authority must give the carer—
p.000053: (a) an indication as to whether any of the needs for support which it thinks the carer is likely to have after the
p.000053: child becomes 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000053: (b) advice and information about—
p.000053: (i) what can be done to meet or reduce the needs which it thinks the carer is likely to have after the child becomes
p.000053: 18;
p.000053: (ii) what can be done to prevent or delay the development by the carer of needs for support in the future.
p.000053: (6) Where, in the case of a carer to whom a child’s carer’s assessment relates, the child becomes 18, the local
p.000053: authority must decide whether to treat the assessment as a carer’s assessment; and if the authority decides to do
p.000053: so, this Part applies to the child’s carer’s assessment as if it were a carer’s assessment that had been carried out
p.000053: after the child had become 18.
p.000053: (7) In considering what to decide under subsection (6), a local authority must have regard to—
p.000053: (a) when the child’s carer’s assessment was carried out, and
p.000053: (b) whether it appears to the authority that the circumstances of the carer to whom the child’s carer’s assessment
p.000053: relates have changed in a way that might affect the assessment.
p.000053: (8) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 62 Power to meet child’s carer’s needs for support
p.000053: (1) Where a local authority, having carried out a child’s carer’s assessment, is satisfied that the carer
p.000053: has needs for support, it may meet such of those needs as it considers appropriate.
p.000053: (2) Regulations may make provision in connection with the exercise of the power under subsection (1); the
p.000053: regulations may, in particular, provide for provisions of this Part to apply with such modifications as may be
p.000053: specified.
p.000053: (3) In deciding whether or how to exercise the power under subsection (1), a local authority must have regard to any
p.000053: services being provided to the carer under section 17 of the Children Act 1989.
p.000053: (4) “Carer” has the same meaning as in section 60.
p.000053:
p.000053: 63 Assessment of a young carer’s needs for support
p.000053: (1) Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18,
p.000053: the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the
p.000053: consent condition is met, assess—
p.000053: (a) whether the young carer has needs for support and, if so, what those needs are, and
p.000053: (b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those
p.000053: needs are likely to be.
p.000053:
p.000054: 54
p.000054: Care Act 2014 (c. 23)
p.000054: Part 1 — Care and support
p.000054:
p.000054: (2) An assessment under subsection (1) is referred to in this Part as a “young carer’s assessment”.
p.000054: (3) The consent condition is met if—
p.000054: (a) the young carer has capacity or is competent to consent to a young carer’s assessment being
p.000054: carried out and the young carer does so consent, or
p.000054: (b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that
p.000054: carrying out a young carer’s assessment would be in the young carer’s best interests.
p.000054: (4) Where a young carer refuses a young carer’s assessment and the consent condition is accordingly not
p.000054: met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is
p.000054: at risk of, abuse or neglect.
p.000054: (5) Where a local authority, having received a request to carry out a young carer’s assessment from the young carer
p.000054: concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the
p.000054: request—
p.000054: (a) written reasons for its decision, and
p.000054: (b) advice and information about what can be done to prevent or delay the development by the young carer of needs
p.000054: for support in the future.
p.000054: (6) “Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection
p.000054: (7)).
p.000054: (7) A person is not a young carer for the purposes of this section if the person provides or intends to provide
p.000054: care—
p.000054: (a) under or by virtue of a contract, or
p.000054: (b) as voluntary work.
p.000054: (8) But in a case where the local authority considers that the relationship between the adult and the person under
p.000054: 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded
p.000054: as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in
p.000054: that case).
p.000054: (9) The references to providing care include a reference to providing practical or emotional support.
p.000054:
p.000054: 64 Young carer’s assessment: requirements etc.
p.000054: (1) A young carer’s assessment must include an assessment of—
p.000054: (a) whether the young carer is able to provide care for the person in question and is likely to continue
p.000054: to be able to do so after becoming 18,
p.000054: (b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
p.000054: (c) the impact on the matters specified in section 1(2) of what the young carer’s needs for support are likely to be
p.000054: after the young carer becomes 18,
p.000054: (d) the outcomes that the young carer wishes to achieve in day-to-day life, and
p.000054: (e) whether, and if so to what extent, the provision of support could contribute to the achievement of
p.000054: those outcomes.
p.000054:
p.000054: Care Act 2014 (c. 23)
p.000055: 55
p.000055: Part 1 — Care and support
p.000055:
p.000055: (2) A local authority, in carrying out a young carer’s assessment, must have regard to—
p.000055: (a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after
p.000055: becoming 18),
p.000055: (b) the extent to which the young carer is participating in or wishes to participate in education,
p.000055: training or recreation (or is likely to wish to do so after becoming 18).
p.000055: (3) A local authority, in carrying out a young carer’s assessment, must involve—
p.000055: (a) the young carer,
p.000055: (b) the young carer’s parents, and
p.000055: (c) any person whom the young carer or a parent of the young carer requests the authority to involve.
p.000055: (4) When carrying out a young carer’s assessment, a local authority must also consider whether, and if so
p.000055: to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that
p.000055: the young carer wishes to achieve in day-to-day life.
p.000055: (5) Having carried out a young carer’s assessment, a local authority must give the young carer—
p.000055: (a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
p.000055: (b) advice and information about—
p.000055: (i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after
p.000055: becoming 18;
p.000055: (ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
p.000055: (6) But in a case where the young carer is not competent or lacks capacity to understand the things
p.000055: which the local authority is required to give under subsection (5), that subsection is to have effect as if for
p.000055: “must give the young carer” there were substituted “must give the young carer’s parents”.
p.000055: (7) Where a person to whom a young carer’s assessment relates becomes 18, the local authority must decide
p.000055: whether to treat the assessment as a carer’s assessment; and if the authority decides to do so, this Part
p.000055: applies to the young carer’s assessment as if it were a carer’s assessment that had been carried out after the person
p.000055: had become 18.
p.000055: (8) In considering what to decide under subsection (7), a local authority must have regard to—
p.000055: (a) when the young carer’s assessment was carried out, and
p.000055: (b) whether it appears to the authority that the circumstances of the person to whom the young carer’s assessment
p.000055: relates have changed in a way that might affect the assessment.
p.000055:
p.000055: 65 Assessments under sections 58 to 64: further provision
p.000055: (1) Regulations under section 12—
p.000055: (a) may make such provision about carrying out a child’s needs assessment as they may make about
p.000055: carrying out a needs assessment;
p.000055:
p.000056: 56
p.000056: Care Act 2014 (c. 23)
p.000056: Part 1 — Care and support
p.000056:
p.000056: (b) may make such provision about carrying out a child’s carer’s assessment or a young carer’s
p.000056: assessment as they may make about carrying out a carer’s assessment.
p.000056: (2) A local authority may combine a child’s needs assessment or young carer’s assessment with an assessment it is
p.000056: carrying out (whether or not under this Part) in relation to another person only if the consent condition is
p.000056: met in relation to the child to whom the child’s needs or young carer’s assessment relates and—
p.000056: (a) where the combination would include an assessment relating to another child, the consent condition
p.000056: is met in relation to that other child;
p.000056: (b) where the combination would include an assessment relating to an adult, the adult agrees.
p.000056: (3) A local authority may combine a child’s carer’s assessment with an assessment it is carrying out (whether or not
p.000056: under this Part) in relation to another person only if the adult to whom the child’s carer’s assessment relates agrees
p.000056: and—
p.000056: (a) where the combination would include an assessment relating to another adult, that other adult agrees,
p.000056: and
p.000056: (b) where the combination would include an assessment relating to a child, the consent condition is met in relation
p.000056: to that child.
p.000056: (4) The consent condition is met in relation to a child if—
p.000056: (a) the child has capacity or is competent to agree to the assessments being combined and does so agree, or
p.000056: (b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that combining the
p.000056: assessments would be in the child’s best interests.
p.000056: (5) Where a local authority is carrying out a child’s needs assessment, a child’s carer’s assessment or a young
p.000056: carer’s assessment, and there is some other assessment being or about to be carried out in relation to the person
p.000056: to whom the assessment relates or in relation to a relevant person, the local authority may carry out that other
p.000056: assessment—
p.000056: (a) on behalf of or jointly with the body responsible for carrying it out, or
p.000056: (b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body
p.000056: and the other person.
p.000056: (6) A reference to an assessment includes a reference to part of an assessment.
p.000056: (7) A person is a “relevant person”, in relation to a child’s needs, child’s carer’s or young carer’s assessment, if
p.000056: it would be reasonable to combine an assessment relating to that person with the child’s needs, child’s carer’s or
p.000056: young carer’s assessment (as mentioned in subsections (2) and (3)).
p.000056:
p.000056: 66 Continuity of services under other legislation
p.000056: (1) Before section 17A of the Children Act 1989 insert—
p.000056: “17ZH Section 17 services: transition for children to adult care and support
p.000056: (1) Subsections (2) to (4) apply where a local authority in England providing services for a child in
p.000056: need in the exercise of functions conferred by section 17—
p.000056:
p.000056: Care Act 2014 (c. 23)
p.000057: 57
p.000057: Part 1 — Care and support
p.000057:
p.000057: (a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child’s needs assessment
p.000057: or young carer’s assessment in relation to the child, or
p.000057: (b) are required by section 60(1) of that Act to carry out a child’s carer’s assessment in relation to a carer of
p.000057: the child.
p.000057: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000057: a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of
p.000057: that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child
p.000057: reaches the age of 18 until they reach a conclusion in his case.
p.000057: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat
p.000057: it as a needs or carer’s assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
p.000057: (a) they must carry out a needs or carer’s assessment (as the case may be) after the child reaches the age of 18,
p.000057: and
p.000057: (b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his
p.000057: case.
p.000057: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000057: continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer’s assessment) does not
p.000057: apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (5) Subsection (6) applies where a local authority in England providing services for a child in need in the
p.000057: exercise of functions conferred by section 17—
p.000057: (a) receive a request for a child’s needs assessment or young carer’s assessment to be carried out in relation
p.000057: to the child or for a child’s carer’s assessment to be carried out in relation to a carer of the child, but
p.000057: (b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the
p.000057: assessment.
p.000057: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000057: request, they must continue to comply with section 17 after he reaches that age until—
p.000057: (a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
p.000057: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000057: (7) A local authority reach a conclusion in a person’s case when—
p.000057: (a) they conclude that he does not have needs for care and support or for support (as the case may be), or
p.000057: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000057: begin to do so, or
p.000057: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000057: (whether because
p.000057:
p.000058: 58
p.000058: Care Act 2014 (c. 23)
p.000058: Part 1 — Care and support
p.000058:
p.000058: those needs do not meet the eligibility criteria or for some other reason).
p.000058: (8) In this section, “child’s needs assessment”, “child’s carer’s assessment”, “young carer’s assessment”, “needs
p.000058: assessment”, “carer’s assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act
p.000058: 2014.
p.000058: 17ZI Section 17 services: provision after EHC plan no longer maintained
p.000058: (1) This section applies where a local authority in England providing services for a person in the
p.000058: exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a
p.000058: needs assessment in that person’s case.
p.000058: (2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the
p.000058: person’s case, they must continue to comply with section 17 until they do reach a conclusion in his case.
p.000058: (3) The references to the local authority reaching a conclusion in a person’s case are to be read with section
p.000058: 17ZH(7).
p.000058: (4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.”
p.000058: (2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in
p.000058: subsection (2), after “after the EHC plan has ceased to be maintained” insert “, except in so far as the authority is
p.000058: required to do so under section 17ZH or 17ZI”.
p.000058: (3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
p.000058: “2A Welfare services: transition for children to adult care and support
p.000058: (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child
p.000058: under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child’s needs
p.000058: assessment in relation to the child.
p.000058: (2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as
p.000058: a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the
p.000058: assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18
p.000058: until they reach a conclusion in his case.
p.000058: (3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to
p.000058: treat it as a needs assessment in accordance with section 59(6) of that Act—
p.000058: (a) they must carry out a needs assessment after the child reaches the age of 18, and
p.000058: (b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
p.000058: (4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must
p.000058: continue to comply with section 2 after he reaches that age until—
p.000058: (a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
p.000058:
p.000058: Care Act 2014 (c. 23)
p.000059: 59
p.000059: Part 1 — Care and support
p.000059:
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (5) Subsection (6) applies where a local authority in England making arrangements for a disabled child
p.000059: under section 2—
p.000059: (a) receive a request for a child’s needs assessment to be carried out in relation to the child, but
p.000059: (b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
p.000059: (6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the
p.000059: request, they must continue to comply with section 2 after he reaches that age until—
p.000059: (a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
p.000059: (b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
p.000059: (7) A local authority reach a conclusion in a person’s case when—
p.000059: (a) they conclude that he does not have needs for care and support,
p.000059: (b) having concluded that he has such needs and that they are going to meet some or all of them, they
p.000059: begin to do so, or
p.000059: (c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs
p.000059: (whether because those needs do not meet the eligibility criteria or for some other reason).
p.000059: (8) In this section, “child’s needs assessment”, “needs assessment” and “eligibility criteria” each have the
p.000059: same meaning as in Part 1 of the Care Act 2014.”
p.000059:
p.000059: Independent advocacy support
p.000059:
p.000059: 67 Involvement in assessments, plans etc.
p.000059: (1) This section applies where a local authority is required by a relevant provision to involve an individual in its
p.000059: exercise of a function.
p.000059: (2) The authority must, if the condition in subsection (4) is met, arrange for a person who is
p.000059: independent of the authority (an “independent advocate”) to be available to represent and support the individual for
p.000059: the purpose of facilitating the individual’s involvement; but see subsection (5).
p.000059: (3) The relevant provisions are—
p.000059: (a) section 9(5)(a) and (b) (carrying out needs assessment);
p.000059: (b) section 10(7)(a) (carrying out carer’s assessment);
p.000059: (c) section 25(3)(a) and (b) (preparing care and support plan);
p.000059: (d) section 25(4)(a) and (b) (preparing support plan);
p.000059: (e) section 27(2)(b)(i) and (ii) (revising care and support plan);
p.000059: (f) section 27(3)(b)(i) and (ii) (revising support plan);
p.000059: (g) section 59(2)(a) and (b) (carrying out child’s needs assessment);
p.000059: (h) section 61(3)(a) (carrying out child’s carer’s assessment);
p.000059: (i) section 64(3)(a) and (b) (carrying out young carer’s assessment).
p.000059:
p.000060: 60
p.000060: Care Act 2014 (c. 23)
p.000060: Part 1 — Care and support
p.000060:
p.000060: (4) The condition is that the local authority considers that, were an independent advocate not to be available,
p.000060: the individual would experience substantial difficulty in doing one or more of the following—
p.000060: (a) understanding relevant information;
p.000060: (b) retaining that information;
p.000060: (c) using or weighing that information as part of the process of being involved;
p.000060: (d) communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other
p.000060: means).
p.000060: (5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
p.000060: (a) who would be an appropriate person to represent and support the individual for the purpose of
p.000060: facilitating the individual’s involvement, and
p.000060: (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for
p.000060: remuneration.
p.000060: (6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person
p.000060: unless—
p.000060: (a) where the individual has capacity or is competent to consent to being represented and supported by that
p.000060: person, the individual does so consent, or
p.000060: (b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that
p.000060: being represented and supported by that person would be in the individual’s best interests.
p.000060: (7) Regulations may make provision in connection with the making of arrangements under subsection
p.000060: (2); the regulations may in particular—
p.000060: (a) specify requirements that must be met for a person to be independent for the purposes of subsection (2);
p.000060: (b) specify matters to which a local authority must have regard in deciding whether an individual would experience
p.000060: substantial difficulty of the kind mentioned in subsection (4);
p.000060: (c) specify circumstances in which the exception in subsection (5) does not apply;
p.000060: (d) make provision as to the manner in which independent advocates are to perform their functions;
p.000060: (e) specify circumstances in which, if an assessment under this Part is combined with an assessment under
p.000060: this Part that relates to another person, each person may or must be represented and supported by the same independent
p.000060: advocate or by different independent advocates;
p.000060: (f) provide that an independent advocate may, in such circumstances or subject to such conditions as may be
p.000060: specified, examine and take copies of relevant records relating to the individual.
p.000060: (8) This section does not restrict the provision that may be made under any other provision of this Act.
p.000060: (9) “Relevant record” means—
p.000060: (a) a health record (within the meaning given in section 68 of the Data Protection Act 1998 (as read
p.000060: with section 69 of that Act)),
p.000060: (b) a record of, or held by, a local authority and compiled in connection with a function under this Part or a
p.000060: social services function (within the
p.000060:
p.000060: Care Act 2014 (c. 23)
p.000061: 61
p.000061: Part 1 — Care and support
p.000061:
p.000061: meaning given in section 1A of the Local Authority Social Services Act 1970),
p.000061: (c) a record held by a person registered under Part 2 of the Care Standards Act 2000 or Chapter 2 of Part 1 of the
p.000061: Health and Social Care Act 2008, or
p.000061: (d) a record of such other description as may be specified in the regulations.
p.000061:
p.000061: 68 Safeguarding enquiries and reviews
p.000061: (1) This section applies where there is to be—
p.000061: (a) an enquiry under section 42(2),
p.000061: (b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section
p.000061: 44(4).
p.000061: (2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person
p.000061: who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to
p.000061: whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or
p.000061: review; but see subsections (4) and (6).
p.000061: (3) The condition is that the local authority considers that, were an independent advocate not to be available,
p.000061: the individual would experience substantial difficulty in doing one or more of the following—
p.000061: (a) understanding relevant information;
p.000061: (b) retaining that information;
p.000061: (c) using or weighing that information as part of the process of being involved;
p.000061: (d) communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other
p.000061: means).
p.000061: (4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
p.000061: (a) who would be an appropriate person to represent and support the adult for the purpose of facilitating
p.000061: the adult’s involvement, and
p.000061: (b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration.
p.000061: (5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person
p.000061: unless—
p.000061: (a) where the adult has capacity to consent to being represented and supported by that person, the adult
p.000061: does so consent, or
p.000061: (b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented
p.000061: and supported by that person would be in the adult’s best interests.
p.000061: (6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not
p.000061: yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the
p.000061: duty).
p.000061: (7) “Relevant local authority” means—
p.000061: (a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made;
p.000061: (b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.
p.000061:
p.000062: 62
p.000062: Care Act 2014 (c. 23)
p.000062: Part 1 — Care and support
p.000062:
p.000062: Enforcement of debts
p.000062:
p.000062: 69 Recovery of charges, interest etc.
p.000062: (1) Any sum due to a local authority under this Part is recoverable by the authority as a debt due to it.
p.000062: (2) But subsection (1) does not apply in a case where a deferred payment agreement could, in
p.000062: accordance with regulations under section 34(1), be entered into, unless—
p.000062: (a) the local authority has sought to enter into such an agreement with the adult from whom the sum is due, and
p.000062: (b) the adult has refused.
p.000062: (3) A sum is recoverable under this section—
p.000062: (a) in a case in which the sum becomes due to the local authority on or after the commencement of this section,
p.000062: within six years of the date the sum becomes due;
p.000062: (b) in any other case, within three years of the date on which it becomes due.
p.000062: (4) Where a person misrepresents or fails to disclose (whether fraudulently or otherwise) to a local
p.000062: authority any material fact in connection with the provisions of this Part, the following sums are due to the
p.000062: authority from the person—
p.000062: (a) any expenditure incurred by the authority as a result of the misrepresentation or failure,
p.000062: and
p.000062: (b) any sum recoverable under this section which the authority has not recovered as a result of the
p.000062: misrepresentation or failure.
p.000062: (5) The costs incurred by a local authority in recovering or seeking to recover a sum due to it under this Part are
p.000062: recoverable by the authority as a debt due to it.
p.000062: (6) Regulations may—
p.000062: (a) make provision for determining the date on which a sum becomes due to a local authority for the purposes of this
p.000062: section;
p.000062: (b) specify cases or circumstances in which a sum due to a local authority under this Part is not recoverable by it
p.000062: under this section;
p.000062: (c) specify cases or circumstances in which a local authority may charge interest on a sum due to it under this
p.000062: Part;
p.000062: (d) where interest is chargeable, provide that it—
p.000062: (i) must be charged at a rate specified in or determined in accordance with the regulations, or
p.000062: (ii) may not be charged at a rate that exceeds the rate specified in or determined in accordance with the
p.000062: regulations.
p.000062:
p.000062: 70 Transfer of assets to avoid charges
p.000062: (1) This section applies in a case where an adult’s needs have been or are being met by a local authority under
p.000062: sections 18 to 20 and where—
p.000062: (a) the adult has transferred an asset to another person (a “transferee”),
p.000062: (b) the transfer was undertaken with the intention of avoiding charges for having the adult’s needs met, and
p.000062:
p.000062: Care Act 2014 (c. 23)
p.000063: 63
p.000063: Part 1 — Care and support
p.000063:
p.000063: (c) either the consideration for the transfer was less than the value of the asset or there was no consideration for
p.000063: the transfer.
p.000063: (2) The transferee is liable to pay to the local authority an amount equal to the difference between—
p.000063: (a) the amount the authority would have charged the adult were it not for the transfer of the asset, and
p.000063: (b) the amount it did in fact charge the adult.
p.000063: (3) But the transferee is not liable to pay to the authority an amount which exceeds the benefit accruing to the
p.000063: transferee from the transfer.
p.000063: (4) Where an asset has been transferred to more than one transferee, the liability of each transferee is in
p.000063: proportion to the benefit accruing to that transferee from the transfer.
p.000063: (5) “Asset” means anything which may be taken into account for the purposes of a financial assessment.
p.000063: (6) The value of an asset (other than cash) is the amount which would have been realised if it had been sold on the
p.000063: open market by a willing seller at the time of the transfer, with a deduction for—
p.000063: (a) the amount of any incumbrance on the asset, and
p.000063: (b) a reasonable amount in respect of the expenses of the sale.
p.000063: (7) Regulations may specify cases or circumstances in which liability under subsection (2) does not arise.
p.000063:
p.000063: Review of funding provisions
p.000063:
p.000063: 71 Five-yearly review by Secretary of State
p.000063: (1) The Secretary of State must review—
p.000063: (a) the level at which the cap on care costs is for the time being set under regulations under section 15(4),
p.000063: (b) the level at which the amount attributable to an adult’s daily living costs is for the time being set
p.000063: under regulations under section 15(8), and
p.000063: (c) the level at which the financial limit is for the time being set under regulations under section
p.000063: 17(8).
p.000063: (2) In carrying out the review, the Secretary of State must have regard to—
p.000063: (a) the financial burden on the state of each of those matters being at the level in question,
p.000063: (b) the financial burden on local authorities of each of those matters being at the level in question,
p.000063: (c) the financial burden on adults who have needs for care and support of each of those matters being at the level
p.000063: in question,
p.000063: (d) the length of time for which people can reasonably be expected to live in good health,
p.000063: (e) changes in the ways or circumstances in which adults’ needs for care and support are being or are likely to be
p.000063: met,
p.000063: (f) changes in the prevalence of conditions for which the provision of care and support is or is likely to be
p.000063: required, and
p.000063: (g) such other factors as the Secretary of State considers relevant.
p.000063:
p.000064: 64
p.000064: Care Act 2014 (c. 23)
p.000064: Part 1 — Care and support
p.000064:
p.000064: (3) The Secretary of State must prepare and publish a report on the outcome of the review.
p.000064: (4) The first report must be published before the end of the period of five years beginning with the day on which
p.000064: section 15 comes into force.
p.000064: (5) Each subsequent report must be published before the end of the period of five years beginning with the day on
p.000064: which the previous report was published.
p.000064: (6) The Secretary of State may arrange for some other person to carry out the whole or part of a review
p.000064: under this section on the Secretary of State’s behalf.
p.000064: (7) The Secretary of State must lay before Parliament a report prepared under this section.
p.000064:
p.000064: Appeals
p.000064:
p.000064: 72 Part 1 appeals
p.000064: (1) Regulations may make provision for appeals against decisions taken by a local authority in the exercise of
p.000064: functions under this Part in respect of an individual (including decisions taken before the coming into force of the
p.000064: first regulations made under this subsection).
p.000064: (2) The regulations may in particular make provision about—
p.000064: (a) who may (and may not) bring an appeal;
p.000064: (b) grounds on which an appeal may be brought;
p.000064: (c) pre-conditions for bringing an appeal;
p.000064: (d) how an appeal is to be brought and dealt with (including time limits);
p.000064: (e) who is to consider an appeal;
p.000064: (f) matters to be taken into account (and disregarded) by the person or body considering an appeal;
p.000064: (g) powers of the person or body deciding an appeal;
p.000064: (h) what action is to be taken by a local authority as a result of an appeal decision;
p.000064: (i) providing information about the right to bring an appeal, appeal procedures and other sources of
p.000064: information and advice;
p.000064: (j) representation and support for an individual bringing or otherwise involved in an appeal;
p.000064: (k) investigations into things done or not done by a person or body with power to consider an appeal.
p.000064: (3) Provision about pre-conditions for bringing an appeal may require specified steps to have been taken before an
p.000064: appeal is brought.
p.000064: (4) Provision about how an appeal is to be dealt with may include provision for—
p.000064: (a) the appeal to be treated as, or as part of, an appeal brought or complaint made under another procedure;
p.000064: (b) the appeal to be considered with any such appeal or complaint.
p.000064: (5) Provision about who is to consider an appeal may include provision—
p.000064: (a) establishing, or requiring or permitting the establishment of, a panel or other body to consider an appeal;
p.000064: (b) requiring an appeal to be considered by, or by persons who include, persons with a specified description of
p.000064: expertise or experience.
p.000064:
p.000064: Care Act 2014 (c. 23)
p.000065: 65
p.000065: Part 1 — Care and support
p.000065:
p.000065: (6) Provision about representation and support for an individual may include provision applying any
p.000065: provision of or made under section 67, with or without modifications.
p.000065: (7) The regulations may make provision for—
p.000065: (a) an appeal brought or complaint made under another procedure to be treated as, or as part of, an appeal brought
p.000065: under the regulations;
p.000065: (b) an appeal brought or complaint made under another procedure to be considered with an appeal brought under the
p.000065: regulations;
...
p.000065: (c) in Scotland, a person provides advice, guidance or assistance to an adult or support to a carer, in
p.000065: the course of providing a care service which is registered under section 59 of the Public Services Reform
p.000065: (Scotland) Act 2010 and which consists of the provision of—
p.000065:
p.000066: 66
p.000066: Care Act 2014 (c. 23)
p.000066: Part 1 — Care and support
p.000066:
p.000066: (i) personal care in a place where the adult receiving the personal care is living when the personal care is
p.000066: provided, or
p.000066: (ii) residential accommodation together with nursing or personal care;
p.000066: (d) in Northern Ireland, a person registered under Part 3 of the Health and Personal Social Services (Quality,
p.000066: Improvement and Regulation) (Northern Ireland) Order 2003 provides advice, guidance or assistance to an adult or
p.000066: services to a carer, in the course of providing—
p.000066: (i) personal care in a place where the adult receiving the personal care is living when the personal care is
p.000066: provided, or
p.000066: (ii) residential accommodation together with nursing or personal care.
p.000066: In this section “the care or support” means the care and support, support, advice, guidance, assistance or
p.000066: services provided as mentioned above, and “the provider” means the person who provides the care or support.
p.000066: (2) The provider is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 (acts of
p.000066: public authorities) to be exercising a function of a public nature in providing the care or support, if
p.000066: the requirements of subsection (3) are met.
p.000066: (3) The requirements are that—
p.000066: (a) the care or support is arranged by an authority listed in column 1 of the Table below, or paid for (directly or
p.000066: indirectly, and in whole or in part) by such an authority, and
p.000066: (b) the authority arranges or pays for the care or support under a provision listed in the corresponding entry in
p.000066: column 2 of the Table.
p.000066: TABLE
p.000066:
p.000066:
p.000066:
p.000066: Authority
p.000066:
p.000066: Local authority in England
p.000066: Local authority in Wales
p.000066:
p.000066:
p.000066: Local authority in Scotland
p.000066:
p.000066:
p.000066: Health and Social Care trust
p.000066: Provisions imposing duty or conferring power to meet needs
p.000066: Sections 2, 18, 19, 20, 38 and 48 of this Act.
p.000066:
p.000066: Part 4 and section 189 of the Social Services and Well-being (Wales) Act 2014.
p.000066: Section 50 of this Act.
p.000066: Sections 12, 13A, 13B and 14 of the Social Work (Scotland) Act 1968.
p.000066: Section 3 of the Social Care (Self-directed Support) (Scotland) Act 2013.
p.000066: Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972.
p.000066: Section 51 of this Act.
p.000066:
p.000066: Care Act 2014 (c. 23)
p.000067: 67
p.000067: Part 1 — Care and support
p.000067:
p.000067:
p.000067: Authority
p.000067:
p.000067: Authority (within the meaning of section 10 of the Carers and Direct Payments Act (Northern
p.000067: Ireland) 2002)
p.000067:
p.000067: (4) In this section—
p.000067:
p.000067: Provisions imposing duty or conferring power to meet needs
p.000067: Section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.
p.000067: “local authority in England” means a local authority for the purposes of this Part;
p.000067: “local authority in Wales” means a local authority for the purposes of the Social Services and Well-being (Wales) Act
p.000067: 2014;
p.000067: “local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act
p.000067: 1994;
p.000067: “nursing care”, for England, Wales and Northern Ireland, has the same meaning as in the Health and Social
p.000067: Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
p.000067: “personal care”—
p.000067: (a) for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care
p.000067: Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
p.000067: (b) for Scotland, has the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010, as amended
p.000067: from time to time.
p.000067:
p.000067: 74 Discharge of hospital patients with care and support needs
p.000067: Schedule 3 (which includes provision about the discharge of hospital patients with care and support needs) has effect.
p.000067:
p.000067: 75 After-care under the Mental Health Act 1983
p.000067: (1) In section 117 of the Mental Health Act 1983 (after-care), in subsection (2), after “to provide” insert “or
p.000067: arrange for the provision of”.
p.000067: (2) In subsection (2D) of that section, for the words from “as if” to the end substitute “as if the
p.000067: words “provide or” were omitted.”
p.000067: (3) In subsection (3) of that section, after “means the local social services authority” insert “—
p.000067: (a) if, immediately before being detained, the person concerned was ordinarily resident in England, for the
p.000067: area in England in which he was ordinarily resident;
p.000067: (b) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the
p.000067: area in Wales in which he was ordinarily resident; or
p.000067: (c) in any other case”.
p.000067:
p.000068: 68
p.000068: Care Act 2014 (c. 23)
p.000068: Part 1 — Care and support
p.000068:
p.000068: (4) After that subsection insert—
p.000068: “(4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—
p.000068: (a) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014
p.000068: applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part
p.000068: 1 of that Act;
p.000068: (b) if the dispute is between local social services authorities in Wales, section 195 of the Social
p.000068: Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was
p.000068: ordinarily resident for the purposes of that Act;
p.000068: (c) if the dispute is between a local social services authority in England and a local social services
p.000068: authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
p.000068: (5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them
p.000068: is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the
p.000068: dispute to be determined by whichever of them they agree is to do so.”
p.000068: (5) After subsection (5) insert—
p.000068: “(6) In this section, “after-care services”, in relation to a person, means services which have both of
p.000068: the following purposes—
p.000068: (a) meeting a need arising from or related to the person’s mental disorder; and
p.000068: (b) reducing the risk of a deterioration of the person’s mental condition (and, accordingly, reducing
p.000068: the risk of the person requiring admission to a hospital again for treatment for mental disorder).”
p.000068: (6) After section 117 of that Act insert—
p.000068: “117A After-care: preference for particular accommodation
p.000068: (1) The Secretary of State may by regulations provide that where—
p.000068: (a) the local social services authority under section 117 is, in discharging its duty under
p.000068: subsection (2) of that section, providing or arranging for the provision of accommodation for the person
p.000068: concerned;
p.000068: (b) the person concerned expresses a preference for particular accommodation; and
p.000068: (c) any prescribed conditions are met,
p.000068: the local social services authority must provide or arrange for the provision of the person’s preferred
p.000068: accommodation.
p.000068: (2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to
p.000068: pay for some or all of the additional cost in prescribed cases.
p.000068: (3) In subsection (2), “additional cost” means the cost of providing or arranging for the provision of the
p.000068: person’s preferred accommodation less the amount that the local social services authority would expect to
p.000068:
p.000068: Care Act 2014 (c. 23)
p.000069: 69
p.000069: Part 1 — Care and support
p.000069:
p.000069: be the usual cost of providing or arranging for the provision of accommodation of that kind.
p.000069: (4) The power to make regulations under this section—
p.000069: (a) is exercisable only in relation to local social services authorities in England;
p.000069: (b) includes power to make different provision for different cases or areas.”
p.000069: (7) The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983
p.000069: include by making direct payments; and for that purpose Part 1 of Schedule 4 (which includes modifications of the
p.000069: provisions of this Part relating to direct payments) has effect.
p.000069: (8) In section 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments: further
p.000069: provision), at the end insert—
p.000069: “(11) The ways in which a local authority may discharge its duty under section 117 of the Mental
p.000069: Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which
p.000069: includes modifications of sections 50 and 51 and this section) has effect.”
p.000069: (9) Before Schedule 1 to that Act insert the Schedule A1 contained in Part 2 of Schedule 4 to this Act.
p.000069: (10) In section 163 of that Act (ordinary residence), after subsection (4) insert— “(4A) A person who is being
p.000069: provided with accommodation under section
p.000069: 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily
p.000069: resident in the area of the local authority, or the local authority in England, on which the duty to
p.000069: provide that person with services under that section is imposed.”
p.000069: (11) In consequence of subsections (7) to (9), in subsection (2C) of section 117 of the Mental Health Act 1983—
p.000069: (a) in paragraph (a), for “regulations under section 57 of the Health and Social Care Act 2001 or” substitute “—
p.000069: (i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),
p.000069: (ii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by
p.000069: Schedule A1 to that Act), or
p.000069: (iii) regulations under”,
p.000069: (b) in paragraph (b), after “apart from” insert “those sections (as so applied) or”.
p.000069: (12) In the case of a person who, immediately before the commencement of subsections (3) and (4), is
p.000069: being provided with after-care services under section 117 of the Mental Health Act 1983, the amendments made by those
p.000069: subsections do not apply while those services are continuing to be provided to that person.
p.000069: (13) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services
p.000069: authority” substitute—
p.000069: ““local social services authority” means—
p.000069: (a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
p.000069:
p.000070: 70
p.000070: Care Act 2014 (c. 23)
p.000070: Part 1 — Care and support
p.000070:
p.000070: (b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales)
p.000070: Act 2014.”
p.000070:
p.000070: 76 Prisoners and persons in approved premises etc.
p.000070: (1) In its application to an adult who is detained in prison, this Part has effect as if references to being
p.000070: ordinarily resident in an area were references to being detained in prison in that area.
p.000070: (2) In its application to an adult who is residing in approved premises, this Part has effect as if references to
p.000070: being ordinarily resident in an area were references to being resident in approved premises in that area.
p.000070: (3) In its application to an adult who is residing in any other premises because a requirement to do so has been
p.000070: imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if
p.000070: references to being ordinarily resident in an area were references to being resident in premises in that area for
p.000070: that reason.
p.000070: (4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an
p.000070: adult who is detained in prison or residing in approved premises except for the purpose of making provision with
p.000070: respect to accommodation for the adult—
p.000070: (a) on his or her release from prison (including temporary release), or
p.000070: (b) on ceasing to reside in approved premises.
p.000070: (5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an
p.000070: offence, is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing
p.000070: in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in
p.000070: approved premises, in the area of another local authority; and accordingly—
p.000070: (a) references to the adult’s intention to move are to be read as references to that decision, and
p.000070: (b) references to carers are to be ignored.
p.000070: (7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the
p.000070: case of an adult who is—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070: (8) An SAB’s objective under section 43(2) does not include helping and protecting adults who are detained in prison
p.000070: or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for
p.000070: the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults
p.000070: with needs for care and support who are at risk of abuse or neglect).
p.000070: (9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case
p.000070: relates to any period during which the adult was—
p.000070: (a) detained in prison, or
p.000070: (b) residing in approved premises.
p.000070:
p.000070: Care Act 2014 (c. 23)
p.000071: 71
p.000071: Part 1 — Care and support
p.000071:
p.000071: (10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards)
...
p.000071: secure training centre and to a member of staff at a secure children’s home.
p.000071: (12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
p.000071: (13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
p.000071: (14) For the purposes of this section—
p.000071: (a) a person who is temporarily absent from prison is to be treated as detained in prison for the period
p.000071: of absence;
p.000071: (b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for
p.000071: the period of absence;
p.000071: (c) a person who is temporarily absent from other premises in which the person is required to reside as a condition
p.000071: of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
p.000071:
p.000071: 77 Registers of sight-impaired adults, disabled adults, etc.
p.000071: (1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults
p.000071: who are ordinarily resident in its area.
p.000071: (2) Regulations may specify descriptions of persons who are, or are not, to be treated as being
p.000071: sight-impaired or severely sight-impaired for the purposes of this section.
p.000071: (3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies,
p.000071: and who are ordinarily resident in the local authority’s area, for the purposes in particular of—
p.000071: (a) planning the provision by the authority of services to meet needs for care and support, and
p.000071: (b) monitoring changes over time in the number of adults in the authority’s area with needs for care and support and
p.000071: the types of needs they have.
p.000071: (4) This subsection applies to an adult who—
p.000071: (a) has a disability,
p.000071:
p.000072: 72
p.000072: Care Act 2014 (c. 23)
p.000072: Part 1 — Care and support
p.000072:
p.000072: (b) has a physical or mental impairment which is not a disability but which gives rise, or which the authority
p.000072: considers may in the future give rise, to needs for care and support, or
p.000072: (c) comes within any other category of persons the authority considers appropriate to include in a
p.000072: register of persons who have, or the authority considers may in the future have, needs for care and support.
p.000072: (5) “Disability” has the meaning given by section 6 of the Equality Act 2010.
p.000072:
p.000072: 78 Guidance, etc.
p.000072: (1) A local authority must act under the general guidance of the Secretary of State in the exercise of functions
p.000072: given to it by this Part or by regulations under this Part.
p.000072: (2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons
p.000072: as the Secretary of State considers appropriate.
p.000072: (3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion
p.000072: of individual well-being)—
p.000072: (a) in issuing guidance for the purposes of subsection (1);
p.000072: (b) in making regulations under this Part.
p.000072:
p.000072: 79 Delegation of local authority functions
p.000072: (1) A local authority may authorise a person to exercise on its behalf a function it has under—
p.000072: (a) this Part or regulations under this Part (but see subsection (2)), or
p.000072: (b) section 117 of the Mental Health Act 1983 (after-care services).
p.000072: (2) The references in subsection (1)(a) to this Part do not include a reference to—
p.000072: (a) section 3 (promoting integration with health services etc.),
p.000072: (b) sections 6 and 7 (co-operating),
p.000072: (c) section 14 (charges),
p.000072: (d) sections 42 to 47 (safeguarding adults at risk of abuse or neglect), or
p.000072: (e) this section.
p.000072: (3) An authorisation under this section may authorise an employee of the authorised person to exercise the
p.000072: function to which the authorisation relates; and for that purpose, where the authorised person is a body
p.000072: corporate, “employee” includes a director or officer of the body.
p.000072: (4) An authorisation under this section may authorise the exercise of the function to which it relates—
p.000072: (a) either wholly or to the extent specified in the authorisation;
p.000072: (b) either generally or in cases, circumstances or areas so specified;
p.000072: (c) either unconditionally or subject to conditions so specified.
p.000072: (5) An authorisation under this section—
p.000072: (a) is for the period specified in the authorisation;
p.000072: (b) may be revoked by the local authority;
p.000072: (c) does not prevent the local authority from exercising the function to which the authorisation relates.
p.000072:
p.000072: Care Act 2014 (c. 23)
p.000073: 73
p.000073: Part 1 — Care and support
p.000073:
p.000073: (6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in
p.000073: connection with, the exercise or purported exercise of the function to which the authorisation relates is to
p.000073: be treated for all purposes as done or omitted to be done by or in relation to the local authority.
p.000073: (7) But subsection (6) does not apply—
p.000073: (a) for the purposes of the terms of any contract between the authorised person and the local authority which relate
p.000073: to the function, or
p.000073: (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done
p.000073: by the authorised person.
p.000073: (8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between
p.000073: local authorities and contractors where that is necessary for the exercise of the functions concerned, even
p.000073: if that would otherwise be unlawful) applies to an authorisation under this section as it applies to an
p.000073: authorisation by virtue of an order under section 70(2) of that Act.
p.000073: (9) The Secretary of State may by order—
p.000073: (a) amend subsection (2) so as to add to or remove from the list a provision of this Part;
p.000073: (b) amend subsection (1) so as to add to or remove from the list a provision relating to care and support for adults
p.000073: or support for carers;
p.000073: (c) impose conditions or other restrictions on the exercise of the power under subsection (1), whether by
p.000073: amending this section or otherwise.
p.000073: (10) The provision which may be made in an order under subsection (9) in reliance on section 125(8)
p.000073: (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the
p.000073: rights and obligations of local authorities and persons authorised under this section in light of the provision
p.000073: made by the order.
p.000073: (11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to,
p.000073: the exercise of a function.
p.000073:
p.000073: General
p.000073:
p.000073: 80 Part 1: interpretation
p.000073: (1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise
p.000073: explained by the provision of this Act specified in the second column.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073: Abuse Accrued costs Adult
p.000073: Expression
p.000073: Provision
p.000073: Section 42(3)
p.000073: Section 15(5)
p.000073: Section 2(8)
p.000073:
p.000073: Adult needing care
p.000073: Authority under the Mental Capacity Act 2005 Best interests
p.000073: Section 10(3)
p.000073: Subsection (3) below
p.000073: Subsection (2) below
p.000073:
p.000074: 74
p.000074: Care Act 2014 (c. 23)
p.000074: Part 1 — Care and support
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Cap on care costs
p.000074: Expression
p.000074: Provision
p.000074: Section 15(4)
p.000074:
p.000074: Capacity, having or lacking Care and support plan Care account
p.000074: Carer (other than in sections 58 to 62) Carer’s assessment
p.000074: Child’s carer’s assessment Child’s needs assessment
p.000074: Daily living costs, amount attributable to Deferred payment agreement
p.000074: Direct payment Eligibility criteria Financial assessment Financial limit Financial year
p.000074: The health service Independent personal budget Local authority
p.000074: Needs assessment Parent
p.000074: Personal budget Registered care provider Support plan
p.000074: Well-being Young carer
p.000074: Young carer’s assessment
p.000074: Subsection (2) below
p.000074: Section 25
p.000074: Section 29
p.000074: Section 10(3)
p.000074: Sections 10(2) and 12(8) and (9)
p.000074: Section 60(2)
p.000074: Section 58(2)
p.000074: Section 15(8)
p.000074: Section 34
p.000074: Sections 31 and 32
p.000074: Section 13
p.000074: Section 17(5)
p.000074: Section 17(10)
p.000074: Section 126
p.000074: Section 126
p.000074: Section 28
p.000074: Section 1(4)
p.000074: Sections 9(2) and 12(8) and (9)
p.000074: Section 58(6)
p.000074: Section 26
p.000074: Section 48
p.000074: Section 25
p.000074: Section 1(2)
p.000074: Section 63(6)
p.000074: Section 63(2)
p.000074:
p.000074: (2) A reference in this Part to having or lacking capacity, or to a person’s best interests, is to be
p.000074: interpreted in accordance with the Mental Capacity Act 2005.
p.000074: (3) A reference in this Part to being authorised under the Mental Capacity Act 2005 is a reference to being
p.000074: authorised (whether in general or specific terms) as—
p.000074: (a) a donee of a lasting power of attorney granted under that Act, or
p.000074:
p.000074: Care Act 2014 (c. 23)
p.000075: 75
p.000075: Part 1 — Care and support
p.000075: (b) a deputy appointed by the Court of Protection under section 16(2)(b) of that Act.
p.000075: PART 2
p.000075: CARE STANDARDS
p.000075:
p.000075: Quality of services
p.000075:
p.000075: 81 Duty of candour
...
p.000085: diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
p.000085: (3) “Care provider” means—
p.000085: (a) a public body which provides health services or adult social care in England,
p.000085: (b) a person who provides health services or adult social care in England pursuant to arrangements made with
p.000085: a public body exercising functions in connection with the provision of such services or care, or
p.000085: (c) a person who provides health services or adult social care in England all or part of the cost of which is paid
p.000085: for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
p.000085: (4) “Health services” means services which must or may be provided as part of the health service.
p.000085: (5) “Adult social care”—
p.000085: (a) includes all forms of personal care and other practical assistance for individuals who, by reason of
p.000085: age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000085: circumstances, are in need of such care or other assistance, but
p.000085: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000085: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000085: Standards Act 2000.
p.000085: (6) “Specified” means specified in regulations.
p.000085: (7) If a care provider commits an offence under either of the provisions mentioned in subsection (8) in respect of
p.000085: the provision of information, the provision of that information by that provider does not also constitute an
p.000085: offence under subsection (1).
p.000085:
p.000086: 86
p.000086: Care Act 2014 (c. 23)
p.000086: Part 2 — Care standards
p.000086:
p.000086: (8) The provisions referred to in subsection (7) are—
p.000086: (a) section 44 of the Competition Act 1998 (provision of false or misleading information) as applied by section 72
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 1 of the Competition Act 1998 to be concurrent
p.000086: functions of Monitor), and
p.000086: (b) section 117 of the Enterprise Act 2002 (provision of false or misleading information) as applied by section 73
p.000086: of the Health and Social Care Act 2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be concurrent
p.000086: functions of Monitor).
p.000086: (9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the
p.000086: provision of that information by that provider does not also constitute an offence under section 64 of the Health and
p.000086: Social Care Act 2008 (failure to comply with request to provide information).
p.000086:
p.000086: 93 Penalties
p.000086: (1) A person who is guilty of an offence under section 92 is liable—
p.000086: (a) on summary conviction, to a fine;
p.000086: (b) on conviction on indictment, to imprisonment for not more than two years or a fine (or both).
...
p.000086: to that matter by the prosecution or on behalf of the care provider.
p.000086: (6) A remedial order must specify a period within which the steps referred to in subsection (3) are to be taken.
p.000086: (7) A publicity order must specify a period within which the requirements referred to in subsection (4)
p.000086: are to be complied with.
p.000086:
p.000086: Care Act 2014 (c. 23)
p.000087: 87
p.000087: Part 2 — Care standards
p.000087:
p.000087: (8) A care provider that fails to comply with a remedial order or a publicity order commits an offence and is liable
p.000087: on conviction on indictment to a fine.
p.000087:
p.000087: 94 Offences by bodies
p.000087: (1) Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved
p.000087: that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
p.000087: (a) a director, manager or secretary of the body, or
p.000087: (b) a person purporting to act in such a capacity.
p.000087: (2) The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the
p.000087: offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
p.000087: (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
p.000087: (a) to any other similar officer of the body, and
p.000087: (b) where the body is a local authority, to a member of the authority.
p.000087: (4) Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated
p.000087: association are to be brought in the name of the association (and not in that of any of the members); and
p.000087: rules of court relating to the service of documents have effect as if the unincorporated association were a body
p.000087: corporate.
p.000087: (5) In proceedings for an offence under section 92(1) brought against an unincorporated
p.000087: association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980
p.000087: apply as they apply in relation to a body corporate.
p.000087: (6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1)
p.000087: is to be paid out of the funds of the association.
p.000087: (7) Subsection (8) applies if an offence under section 92(1) is proved—
p.000087: (a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of
p.000087: its governing body, or
p.000087: (b) to be attributable to neglect on the part of such an officer or member.
p.000087: (8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against
p.000087: accordingly (but section 93(2) does not apply).
p.000087:
p.000087: Regulated activities
p.000087:
p.000087: 95 Training for persons working in regulated activity
p.000087: In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
p.000087: “(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for
p.000087: a specified person to set the standards which persons undergoing the training in question must attain.”
p.000087:
p.000088: 88
p.000088: Care Act 2014 (c. 23)
p.000088: Part 3 — Health
p.000088: Chapter 1 — Health Education England
p.000088:
p.000088: PART 3 HEALTH CHAPTER 1
p.000088: HEALTH EDUCATION ENGLAND
p.000088:
p.000088: Establishment
p.000088:
p.000088: 96 Health Education England
p.000088: (1) There is to be a body corporate called Health Education England (referred to in this Act as “HEE”).
p.000088: (2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of its functions and its financial
p.000088: and reporting duties) has effect.
p.000088: (3) The Special Health Authority called Health Education England is abolished; and, in consequence of that, the
p.000088: following are revoked—
p.000088: (a) the Health Education England (Establishment and Constitution) Order 2012 (S.I. 2012/1273), and
p.000088: (b) the Health Education England Regulations (S.I. 2012/1290).
p.000088: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
p.000088: Special Health Authority to HEE; for further provision about an order under this section, see section 118.
p.000088:
p.000088: National functions
p.000088:
p.000088: 97 Planning education and training for health care workers etc.
p.000088: (1) HEE must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health
p.000088: Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the
p.000088: functions of the Secretary of State under—
p.000088: (a) section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital
p.000088: authorities etc.),
p.000088: (b) section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and
p.000088: (c) such other of the enactments listed in section 1F(3) of that Act as regulations may specify.
p.000088: (2) Regulations may—
p.000088: (a) provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other
p.000088: functions of the Secretary of State as are specified; and
p.000088: (b) impose on HEE a duty to perform the duty as it applies as a result of provision made under paragraph (a).
p.000088: (3) Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only
p.000088: be performed, or may not be performed, in relation to persons of a specified description.
p.000088:
p.000088: Care Act 2014 (c. 23)
p.000089: 89
p.000089: Part 3 — Health
p.000089: Chapter 1 — Health Education England
p.000089:
...
p.000096: (2) The approved prices may be different for different descriptions of education and training (and may in particular
p.000096: be different for different areas).
p.000096: (3) A tariff specified under subsection (1) must be published.
p.000096: (4) If a tariff is specified under subsection (1), the Secretary of State may also specify a
p.000096: procedure for varying the approved prices in particular cases or descriptions of cases.
p.000096: (5) If the Secretary of State does so, the procedure—
p.000096: (a) must be published, and
p.000096: (b) must require a price as varied under the procedure to be published.
p.000096: (6) A published tariff or variation procedure may be revised or revoked by the Secretary of State.
p.000096: (7) If a tariff or variation procedure is revised, the Secretary of State must publish it as revised.
p.000096: (8) If it is revoked, the Secretary of State must publish a statement to that effect.
p.000096: (9) Where a tariff sets an approved price for a particular description of education or training, payments made by an
p.000096: LETB or HEE in respect of the provision of that description of education or training must be made—
p.000096: (a) by reference to the approved price, or
p.000096: (b) where the approved price has been varied in accordance with a variation procedure that has effect in
p.000096: relation to it, by reference to the price as varied.
p.000096:
p.000096: Care Act 2014 (c. 23)
p.000097: 97
p.000097: Part 3 — Health
p.000097: Chapter 2 — Health Research Authority
p.000097:
p.000097: CHAPTER 2
p.000097: HEALTH RESEARCH AUTHORITY
p.000097:
p.000097: Establishment
p.000097:
p.000097: 109 The Health Research Authority
p.000097: (1) There is to be a body corporate called the Health Research Authority (referred to in this Act as “the HRA”).
p.000097: (2) Schedule 7 (which includes provision about the HRA’s constitution, the exercise of its functions and
p.000097: its financial and reporting duties) has effect.
p.000097: (3) The Special Health Authority called the Health Research Authority is abolished; and, in
p.000097: consequence of that, the following are revoked—
p.000097: (a) the Health Research Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2323), and
p.000097: (b) the Health Research Authority Regulations 2011 (S.I. 2011/2341).
p.000097: (4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that
p.000097: Special Health Authority to the HRA; for further provision about an order under this section, see section 118.
p.000097:
p.000097: General functions
p.000097:
p.000097: 110 The HRA’s functions
p.000097: (1) The main functions of the HRA are—
p.000097: (a) functions relating to the co-ordination and standardisation of practice relating to the regulation of health and
p.000097: social care research (see section 111);
p.000097: (b) functions relating to research ethics committees (see sections 112 to 115);
p.000097: (c) functions as a member of the United Kingdom Ethics Committee Authority (see section 116 and the
p.000097: Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
p.000097: (d) functions relating to approvals for processing confidential information relating to patients (see section 117
p.000097: and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
p.000097: (2) The main objective of the HRA in exercising its functions is—
p.000097: (a) to protect participants and potential participants in health or social care research and the general public by
p.000097: encouraging research that is safe and ethical, and
p.000097: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000097: the conduct of research that is safe and ethical (including by promoting transparency in research).
p.000097: (3) Health research is research into matters relating to people’s physical or mental health; but a reference to
p.000097: health research does not include a reference to anything authorised under the Animals (Scientific Procedures)
p.000097: Act 1986.
p.000097:
p.000098: 98
p.000098: Care Act 2014 (c. 23)
p.000098: Part 3 — Health
p.000098: Chapter 2 — Health Research Authority
p.000098:
p.000098: (4) Social care research is research into matters relating to personal care or other practical assistance for
p.000098: individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness,
p.000098: disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has
p.000098: the meaning given by section 275(1) of the National Health Service Act 2006.
p.000098: (5) A reference to health or social care research does not include a reference to research into matters which
p.000098: are within the legislative competence of a devolved legislature.
p.000098: (6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical
p.000098: standards.
p.000098: (7) Promoting transparency in research includes promoting—
p.000098: (a) the registration of research;
p.000098: (b) the publication and dissemination of research findings and conclusions;
p.000098: (c) the provision of access to data on which research findings or conclusions are based;
p.000098: (d) the provision of information at the end of research to participants in the research;
p.000098: (e) the provision of access to tissue used in research, for use in future research.
p.000098: (8) The Secretary of State may by order amend subsection (1) in consequence of—
p.000098: (a) functions being given to the HRA,
p.000098: (b) functions being taken away from the HRA, or
p.000098: (c) changes to the description of functions that the HRA has for the time being.
p.000098:
p.000098: Regulatory practice
p.000098:
p.000098: 111 Co-ordinating and promoting regulatory practice etc.
p.000098: (1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions
p.000098: relating to health or social care research, with a view to co-ordinating and standardising practice relating
p.000098: to the regulation of such research—
p.000098: (a) the Secretary of State;
p.000098: (b) the licensing authority for the purposes of the Medicines Act 1968;
p.000098: (c) the Health and Social Care Information Centre;
p.000098: (d) the Chief Medical Officer of the Department of Health;
p.000098: (e) the Human Fertilisation and Embryology Authority;
p.000098: (f) the Human Tissue Authority;
p.000098: (g) the Care Quality Commission;
p.000098: (h) the Administration of Radioactive Substances Advisory Committee;
p.000098: (i) such person, or a person of such description, as regulations may specify.
p.000098: (2) In performing the duty under subsection (1), a person must have regard to the need—
p.000098:
p.000098: Care Act 2014 (c. 23)
p.000099: 99
p.000099: Part 3 — Health
p.000099: Chapter 2 — Health Research Authority
p.000099:
p.000099: (a) to protect participants and potential participants in health or social care research and the general public by
p.000099: encouraging research that is safe and ethical, and
p.000099: (b) to promote the interests of those participants and potential participants and the general public by facilitating
p.000099: the conduct of such research.
p.000099: (3) The HRA must promote the co-ordination and standardisation of practice in the United Kingdom relating to
p.000099: the regulation of health and social care research; and it must, in doing so, seek to ensure that such
p.000099: regulation is proportionate.
p.000099: (4) The HRA and each devolved authority must co-operate with each other in the exercise of their respective
p.000099: functions relating to the regulation of assessments of the ethics of health and social care research, with a view to
p.000099: co-ordinating and standardising practice in the United Kingdom relating to such regulation.
p.000099: (5) The HRA must—
p.000099: (a) keep under review matters relating to the ethics of health or social care research and matters relating to the
p.000099: regulation of such research, and
p.000099: (b) provide the Secretary of State with such advice about the matters referred to in paragraph (a) as the
p.000099: Secretary of State requests.
p.000099: (6) The HRA must publish guidance on—
p.000099: (a) principles of good practice in the management and conduct of health and social care research;
p.000099: (b) requirements, whether imposed by enactments or otherwise, to which persons conducting health or social care
p.000099: research are subject.
p.000099: (7) A local authority (within the meaning of Part 1), an NHS trust established under section 25 of
p.000099: the National Health Service Act 2006 and an NHS foundation trust must each have regard to guidance under
p.000099: subsection (6).
p.000099: (8) The ways in which persons may co-operate with each other under subsection
p.000099: (1) or (4) include, for example, by sharing information.
p.000099: (9) Section 290 of the Health and Social Care Act 2012 (duties for health and social care authorities to
p.000099: co-operate), so far as applying to a person who is for the time being within subsection (1), does not apply to
p.000099: functions of that person relating to health or social care research.
p.000099: (10) Section 110(5) (exclusion of research into matters within devolved competence) does not apply to the reference
p.000099: in subsection (1) or (4) to health and social care research.
p.000099:
p.000099: Research ethics committees
p.000099:
p.000099: 112 The HRA’s policy on research ethics committees
p.000099: (1) The HRA must ensure that research ethics committees it recognises or establishes under this Chapter
p.000099: provide an efficient and effective means of assessing the ethics of health and social care research.
p.000099: (2) A research ethics committee is a group of persons which assesses the ethics of research involving individuals;
p.000099: and the ways in which health or social care research might involve individuals include, for example—
p.000099: (a) by obtaining information from them;
p.000099:
p.000100: 100
p.000100: Care Act 2014 (c. 23) Part 3 — Health
p.000100: Chapter 2 — Health Research Authority
p.000100:
p.000100: (b) by obtaining bodily tissue or fluid from them;
p.000100: (c) by using information, tissue or fluid obtained from them on a previous occasion;
p.000100: (d) by requiring them to undergo a test or other process (including xenotransplantation).
p.000100: (3) For the purposes of subsection (1), the HRA—
p.000100: (a) must publish a document (called “the REC policy document”) which specifies the requirements which it expects
p.000100: research ethics committees it recognises or establishes under this Chapter to comply with, and
p.000100: (b) must monitor their compliance with those requirements.
p.000100: (4) The HRA may do such other things in relation to research ethics committees it recognises or establishes under
p.000100: this Chapter as it considers appropriate; it may, for example—
p.000100: (a) co-ordinate their work;
p.000100: (b) allocate work to them;
p.000100: (c) develop and maintain training programmes designed to ensure that their members and staff can carry out
p.000100: their work effectively;
p.000100: (d) provide them with advice and help (including help in the form of financial assistance).
p.000100: (5) The requirements in the REC policy document may, for example, relate to—
p.000100: (a) membership;
p.000100: (b) proceedings;
p.000100: (c) staff;
p.000100: (d) accommodation and facilities;
p.000100: (e) expenses;
p.000100: (f) objectives and functions;
p.000100: (g) accountability;
p.000100: (h) procedures for challenging decisions.
p.000100: (6) The HRA must ensure that the requirements imposed on research ethics committees in the REC policy
p.000100: document do not conflict with the requirements imposed on them by the Medicines for Human Use
p.000100: (Clinical Trials) Regulations 2004 (S.I. 2004/1031).
p.000100: (7) Before publishing the REC policy document, the HRA must consult—
p.000100: (a) the devolved authorities, and
p.000100: (b) such other persons as it considers appropriate.
p.000100: (8) The HRA may revise the REC policy document and, where it does so, it must publish the document as revised;
p.000100: subsection (7) applies to a revised policy document in so far as the HRA considers the revisions significant.
p.000100: (9) The HRA must indemnify the members of each research ethics committee it recognises or establishes under this
p.000100: Chapter against any liability to a third party for loss, damage or injury arising from the committee’s exercise
p.000100: of its functions in assessing the ethics of health or social care research.
p.000100:
p.000100: 113 Approval of research
p.000100: (1) The HRA must publish guidance about—
p.000100:
p.000100: Care Act 2014 (c. 23) Part 3 — Health
p.000100: Chapter 2 — Health Research Authority
p.000101: 101
p.000101:
p.000101: (a) the cases in which, in its opinion, good practice requires a person proposing to conduct health
p.000101: or social care research that involves individuals to obtain the approval of a research ethics committee
p.000101: recognised or established by the HRA under this Chapter, and
p.000101: (b) the cases in which an enactment requires a person proposing to conduct research of that kind to obtain
p.000101: that approval.
p.000101: (2) Before publishing guidance under subsection (1), the HRA must—
p.000101: (a) consult the devolved authorities and such other persons as the HRA considers appropriate, and
p.000101: (b) obtain the approval of the Secretary of State.
p.000101: (3) The HRA may revise guidance under subsection (1) and, where it does so, it must publish the guidance as
p.000101: revised; subsection (2) applies to revised guidance in so far as the HRA considers the revisions significant.
p.000101: (4) Schedule 8 (which amends various references to research ethics committees in secondary legislation) has effect.
p.000101:
p.000101: 114 Recognition by the HRA
p.000101: (1) The HRA may, on an application made by or on behalf of a group of persons, recognise the group as a research
p.000101: ethics committee which is capable of—
p.000101: (a) approving research of the kind referred to in section 113(1), and
p.000101: (b) giving such other approvals as enactments require.
p.000101: (2) The HRA may not recognise a group under this section unless it is satisfied that—
p.000101: (a) the group will, if recognised, comply with the requirements set out in the REC policy document, and
p.000101: (b) there is or will be a demand for such a group.
p.000101: (3) In deciding whether to recognise a group under this section, the HRA must have regard to whether the group is
p.000101: recognised as a research ethics committee by or on behalf of a devolved authority.
p.000101: (4) The HRA may do anything (including providing financial assistance) to help a group wishing to be recognised
p.000101: under this section to reach a position from which it should be able to make an application for recognition
p.000101: under this section that is likely to succeed.
p.000101: (5) The HRA may revoke a recognition under this section if it is satisfied that—
p.000101: (a) the group to which the recognition applies is not complying with the requirements specified in the REC policy
p.000101: document,
p.000101: (b) the group is not (or is not properly) carrying out its function of assessing the ethical aspects of
p.000101: research, or
p.000101: (c) revocation is necessary or desirable for some other reason.
p.000101: (6) A group in existence immediately before the commencement of section 109, and established or recognised by
p.000101: or on behalf of the old Health Research Authority, or by or on behalf of the Secretary of State, as
p.000101: a research ethics committee which assesses health or social care research is to be regarded as recognised by the HRA
p.000101: under this section.
p.000101:
p.000102: 102
p.000102: Care Act 2014 (c. 23) Part 3 — Health
p.000102: Chapter 2 — Health Research Authority
p.000102:
p.000102: (7) The reference in subsection (6) to the old Health Research Authority is a reference to the Special
p.000102: Health Authority called the Health Research Authority (and abolished by section 109).
p.000102:
p.000102: 115 Establishment by the HRA
p.000102: (1) The HRA may establish research ethics committees which have the following functions—
p.000102: (a) approving research of the kind referred to in section 113(1);
p.000102: (b) giving such other approvals as enactments require.
p.000102: (2) The HRA must ensure that a research ethics committee established under this section complies with the
p.000102: requirements set out in the REC policy document.
p.000102: (3) The HRA may abolish a research ethics committee established under this section.
p.000102:
p.000102: 116 Membership of the United Kingdom Ethics Committee Authority
p.000102: In regulation 5 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031) (United Kingdom
p.000102: Ethics Committee Authority)—
p.000102: (a) in paragraphs (1), (2) and (3), for “the Secretary of State for Health”, in each place it appears, substitute
p.000102: “the Health Research Authority”, and
p.000102: (b) in paragraph (2), for “the Secretary of State” substitute “the Health Research Authority”.
p.000102:
p.000102: Patient information
p.000102:
p.000102: 117 Approval for processing confidential patient information
p.000102: (1) The Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) are amended as
p.000102: follows.
p.000102: (2) In regulation 5 (the title to which becomes “Approval for processing information”)—
p.000102: (a) the existing text becomes paragraph (1), and
p.000102: (b) in sub-paragraph (a) of that paragraph, for “both the Secretary of State and a research ethics committee”
p.000102: substitute “the Health Research Authority”.
p.000102: (3) After paragraph (1) of that regulation insert—
p.000102: “(2) The Health Research Authority may not give an approval under paragraph (1)(a) unless a research ethics
p.000102: committee has approved the medical research concerned.”
p.000102: (4) After paragraph (2) of that regulation insert—
p.000102: “(3) The Health Research Authority shall put in place and operate a system for reviewing decisions it makes under
p.000102: paragraph (1)(a).”
p.000102: (5) In regulation 6 (registration requirements in relation to information), in paragraph (1)—
p.000102: (a) before “the Secretary of State” insert “the Health Research Authority or”, and
p.000102:
p.000102: Care Act 2014 (c. 23) Part 3 — Health
p.000102: Chapter 2 — Health Research Authority
p.000103: 103
p.000103:
p.000103: (b) before “he” insert “it or”.
p.000103: (6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “the Health Research Authority or
p.000103: (as the case may be)”.
p.000103: (7) In paragraph (3) of that regulation, for the words from the beginning to “in the register” substitute “The
p.000103: Health Research Authority shall retain the particulars of each entry it records in the register, and the Secretary of
p.000103: State shall retain the particulars of each entry he records in the register,”.
p.000103: (8) For paragraph (4) of that regulation substitute—
p.000103: “(4) The Health Research Authority shall, in such manner and to such extent as it considers
p.000103: appropriate, publish entries it records in the register; and the Secretary of State shall, in such manner and to
p.000103: such extent as he considers appropriate, publish entries he records in the register.”
p.000103:
p.000103: CHAPTER 3
p.000103: CHAPTERS 1 AND 2: SUPPLEMENTARY
p.000103:
p.000103: Miscellaneous
p.000103:
p.000103: 118 Transfer orders
p.000103: (1) An order under section 96 (establishment of Health Education England) or section 109 (establishment
p.000103: of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to
p.000103: an individual’s contract of employment.
p.000103: (2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer
p.000103: of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000103: (3) A transfer order may provide for the transfer of property, rights or liabilities—
p.000103: (a) whether or not they would otherwise be capable of being transferred;
p.000103: (b) irrespective of any requirement for consent that would otherwise apply.
p.000103: (4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities
p.000103: transferred.
p.000103: (5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in
p.000103: connection with anything transferred to be—
p.000103: (a) treated as done by or in relation to the transferee or its employees;
p.000103: (b) continued by or in relation to the transferee or its employees.
p.000103: (6) A transfer order may in particular make provision about continuation of legal proceedings.
p.000103:
p.000104: 104
p.000104: Care Act 2014 (c. 23) Part 3 — Health
p.000104: Chapter 3 — Chapters 1 and 2: supplementary
p.000104:
p.000104: General
p.000104:
p.000104: 119 Chapters 1 and 2: interpretation and supplementary provision
p.000104: (1) For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or
p.000104: otherwise explained by the provision of this Act specified in the second column.
p.000104:
p.000104:
p.000104:
p.000104: Expression Appointment criteria Commissioner of health services
p.000104: Devolved authority
p.000104: Devolved legislature Direct or direction Enactment
p.000104: Financial year Health care workers Health research
p.000104: The health service Health services HEE
p.000104: The HRA LETB
p.000104: Social care research
p.000104: Provision
p.000104: Section 104
p.000104: Section 105
p.000104: Section 126
p.000104: Section 126
p.000104: Subsection (2) below
p.000104: Section 126
p.000104: Section 126
p.000104: Section 97
p.000104: Section 110
p.000104: Section 126
p.000104: Section 99
p.000104: Section 96
p.000104: Section 109
p.000104: Section 103
p.000104: Section 110
p.000104:
p.000104: (2) A power under Chapter 1 or 2 to give a direction—
p.000104: (a) includes a power to vary or revoke the direction by a subsequent direction, and
p.000104: (b) must be exercised by giving the direction in question in writing.
p.000104: (3) The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not
p.000104: affect the power to make further subordinate legislation amending or revoking the amended provisions.
p.000104:
p.000104: CHAPTER 4
p.000104: TRUST SPECIAL ADMINISTRATION
p.000104:
p.000104: 120 Powers of administrator etc.
p.000104: (1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2:
p.000104:
p.000104: Care Act 2014 (c. 23) Part 3 — Health
p.000104: Chapter 4 — Trust special administration
p.000105: 105
p.000105:
p.000105: interpretation) (the existing text of which becomes subsection (1)) at the end insert—
p.000105: “(2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking
p.000105: action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and
p.000105: consequential on action taken in relation to that NHS trust.
...
p.000105: “(7) Where the administrator recommends taking action in relation to another NHS foundation trust or an
p.000105: NHS trust, the references in
p.000105:
p.000106: 106
p.000106: Care Act 2014 (c. 23) Part 3 — Health
p.000106: Chapter 4 — Trust special administration
p.000106:
p.000106: subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or
p.000106: the NHS trust provides services under this Act that would be affected by the action.”
p.000106: (8) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of
p.000106: subsection (4) if the person making the statement in question is satisfied that the criterion in section
p.000106: 65DA(3) is met.
p.000106: (9) Section 65DA(4) applies to the person making the statement when that person is determining whether that
p.000106: criterion is met.”
p.000106: (8) In section 65H of that Act (consultation requirements), in subsection (4)—
p.000106: (a) after “trust special administrator must” insert “—
p.000106: (a) ”, and
p.000106: (b) at the end insert “, and
p.000106: (b) in the case of each affected trust, hold at least one meeting to seek responses from staff of
p.000106: the trust and from such persons as the trust special administrator may recognise as representing staff of the
p.000106: trust.”
p.000106: (9) In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) inserted by section 85(10)(a)
p.000106: of this Act) insert—
p.000106: “(bza) any affected trust;
p.000106: (bzb) any person to which an affected trust provides goods or services under this Act that would be
p.000106: affected by the action recommended in the draft report;
p.000106: (bzc) any local authority in whose area the trust provides goods or services under this Act;
p.000106: (bzd) any local authority in whose area an affected trust provides goods or services under this Act;
p.000106: (bze) any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or
p.000106: (bzd);”.
p.000106: (10) In subsection (8) of that section, omit paragraph (e).
p.000106: (11) In subsection (9) of that section—
p.000106: (a) after “trust special administrator must” insert “—
p.000106: (a) ”,
p.000106: (b) after “subsection (7)(b),” (but before the insertion made by section 85(10)(b) of this Act) insert
p.000106: “(bzb),”, and
p.000106: (c) at the end insert—
p.000106: “(b) hold at least one meeting to seek responses from representatives of each of the trusts
p.000106: from which the administrator must request a written response under subsection (7)(bza), and
p.000106: (c) hold at least one meeting to seek responses from representatives of each of the local
p.000106: authorities and Local Healthwatch organisations from which the administrator must request a
p.000106: written response under subsection (7)(bzc), (bzd) and (bze).”
p.000106: (12) After subsection (11) of that section, insert— “(11A) In this section, “affected trust” means—
p.000106:
p.000106: Care Act 2014 (c. 23) Part 3 — Health
p.000106: Chapter 4 — Trust special administration
p.000107: 107
p.000107:
p.000107: (a) where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods
p.000107: or services under this Act that would be affected by the action recommended in the draft report;
p.000107: (b) where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which
p.000107: provides services under this Act that would be affected by the action recommended in the draft
p.000107: report.
p.000107: (11B) In this section, a reference to a local authority includes a reference to the council of a district only where
p.000107: the district is comprised in an area for which there is no county council.”
p.000107: (13) In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “, (bzb), (bzc) and (bzd)”.
p.000107: (14) In section 65N of that Act (guidance), after subsection (1) insert—
p.000107: “(1A) It must, in so far as it applies to NHS trusts, include guidance about—
p.000107: (a) seeking the support of commissioners for an administrator’s recommendation;
p.000107: (b) involving the Board in relation to finalising an administrator’s report or draft report.”
p.000107: (15) In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the
p.000107: end insert—
p.000107: “(4) This section does not require the Board to make arrangements in relation to matters to which a
p.000107: trust special administrator’s report or draft report under section 65F or 65I relates before the Secretary of State
p.000107: makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a
p.000107: decision under section 65KD(9) (as the case may be).”
p.000107: (16) In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end
p.000107: insert—
p.000107: “(7) This section does not require a clinical commissioning group to make arrangements in relation to
p.000107: matters to which a trust special administrator’s report or draft report under section 65F or 65I relates
p.000107: before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1)
p.000107: or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).”
...
p.000109: health services with the provision of health-related services or social care services, as referred to in sections
p.000109: 13N and 14Z1.”
p.000109: (2) After section 223G of that Act (meeting expenditure of clinical commissioning groups out of public funds)
p.000109: insert—
p.000109: “223GA Expenditure on integration
p.000109: (1) Where the mandate includes a requirement in reliance on section 223B(6) (requirements relating to use
p.000109: by the Board of an amount paid to the Board where mandate specifies service integration objectives), the Board may
p.000109: direct a clinical commissioning group that an amount (a “designated amount”) of the sums paid to the group
p.000109: under section 223G is to be used for purposes relating to service integration.
p.000109: (2) The designated amount is to be determined—
p.000109: (a) where the mandate includes a requirement (in reliance on section 223B(6)) that designated amounts are to
p.000109: be determined by the Board in a manner specified in the mandate, in that manner;
p.000109: (b) in any other case, in such manner as the Board considers appropriate.
p.000109: (3) The conditions under section 223G(7) subject to which the payment of a designated amount is made must include a
p.000109: condition that the group transfers the amount into one or more funds (“pooled funds”)
p.000109:
p.000110: 110
p.000110: Care Act 2014 (c. 23) Part 4 — Health and social care
p.000110:
p.000110: established under arrangements under section 75(2)(a) (“pooling arrangements”).
p.000110: (4) The conditions may also include—
p.000110: (a) conditions relating to the preparation and agreement by the group and each local
p.000110: authority and other clinical commissioning group that is party to the pooling arrangements of a plan for
p.000110: how to use the designated amount (a “spending plan”);
p.000110: (b) conditions relating to the approval of a spending plan by the Board;
p.000110: (c) conditions relating to the inclusion of performance objectives in a spending plan;
p.000110: (d) conditions relating to the meeting of any performance objectives included in a spending plan
p.000110: or specified by the Board.
p.000110: (5) Where a condition subject to which the payment of a designated amount is made is not met, the Board
p.000110: may—
p.000110: (a) withhold the payment (in so far as it has not been made);
p.000110: (b) recover the payment (in so far as it has been made);
p.000110: (c) direct the clinical commissioning group as to the use of the designated amount for purposes relating
p.000110: to service integration or for making payments under section 256.
p.000110: (6) Where the Board withholds or recovers a payment under subsection (5)(a) or (b)—
p.000110: (a) it may use the amount for purposes consistent with such objectives and requirements relating to
p.000110: service integration as are specified in the mandate, and
p.000110: (b) in so far as the exercise of the power under paragraph (a) involves making a payment
p.000110: to a different clinical commissioning group or some other person, the making of the payment is subject
p.000110: to such conditions as the Board may determine.
p.000110: (7) The requirements that may be specified in the mandate in reliance on section 223B(6) include requirements to
p.000110: consult the Secretary of State or other specified persons before exercising a power under subsection (5) or (6).
p.000110: (8) The power under subsection (5)(b) to recover a payment may be exercised in a financial year after
p.000110: the one in respect of which the payment was made.
p.000110: (9) The payments that may be made out of a pooled fund into which a designated amount is transferred include
p.000110: payments to a local authority which is not party to the pooling arrangements in question in
p.000110: connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and
p.000110: Regeneration Act 1996 (disabilities facilities grants).
p.000110: (10) In exercising a power under this section, the Board must have regard to the extent to which there is a
p.000110: need for the provision of each of the following—
p.000110: (a) health services (see subsection (12)),
p.000110:
p.000110: Care Act 2014 (c. 23)
p.000110: Part 4 — Health and social care
p.000111: 111
p.000111:
p.000111: (b) health-related services (within the meaning given in section 14Z1), and
p.000111: (c) social care services (within the meaning given in that section).
p.000111: (11) A reference in this section to service integration is a reference to the integration of the provision of
p.000111: health services with the provision of health-related services or social care services, as referred to in sections
p.000111: 13N and 14Z1.
p.000111: (12) “Health services” means services provided as part of the health service in England.”.
p.000111:
p.000111: Information
p.000111:
p.000111: 122 The Health and Social Care Information Centre: restrictions on dissemination of information
p.000111: (1) Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre) is
p.000111: amended as follows.
p.000111: (2) In section 253(1) (general duties), after paragraph (c) (but before the “and” after it) insert—
p.000111: “(ca) the need to respect and promote the privacy of recipients of health services and of adult social
p.000111: care in England,”.
p.000111: (3) In section 261 (other dissemination of information), after subsection (1) insert— “(1A) But the Information
p.000111: Centre may do so only if it considers that
p.000111: disseminating the information would be for the purposes of—
p.000111: (a) the provision of health care or adult social care, or
p.000111: (b) the promotion of health.”
p.000111: (4) After section 262 insert—
p.000111: “262A Publication and other dissemination: supplementary
p.000111: In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre
p.000111: must have regard to any advice given to it by the committee appointed by the Health Research Authority under
p.000111: paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with
p.000111: information dissemination etc).”
p.000111:
p.000111: PART 5
p.000111: GENERAL
p.000111:
p.000111: 123 Power to make consequential provision
p.000111: (1) The Secretary of State may by order make provision in consequence of a provision of this Act.
p.000111: (2) An order under this section may amend, repeal, or revoke an enactment, or provide for an enactment to apply with
p.000111: specified modifications.
p.000111: (3) The power conferred by this section is not restricted by any other provision of this Act.
p.000111:
p.000112: 112
p.000112: Care Act 2014 (c. 23) Part 5 — General
p.000112:
p.000112: (4) A saving or a transitional or transitory provision in an order under this section by virtue of section
p.000112: 125(8) may, in particular, modify the application of a provision made by the order pending the commencement of—
p.000112: (a) another provision of the order,
p.000112: (b) a provision of this Act, or
p.000112: (c) any other enactment.
p.000112: (5) Before making an order under this section that contains provision which is within the legislative
p.000112: competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority.
p.000112: (6) A reference to an enactment includes a reference to an enactment passed or made after the passing of this Act.
p.000112:
p.000112: 124 Power to make transitional etc. provision
p.000112: (1) The Secretary of State may by order make transitional, transitory or saving provision in connection
p.000112: with the commencement of a provision of this Act.
p.000112: (2) An order under this section may modify the application of a provision of this Act pending the commencement of—
p.000112: (a) another provision of this Act, or
p.000112: (b) any other enactment (including one passed or made after the passing of this Act).
p.000112:
p.000112: 125 Regulations and orders
p.000112: (1) A power to make regulations under this Act is exercisable by the Secretary of State.
p.000112: (2) Regulations and orders under this Act must be made by statutory instrument.
p.000112: (3) Subject to subsections (4) and (6), a statutory instrument containing regulations or an order under this Act is
p.000112: subject to annulment in pursuance of a resolution of either House of Parliament.
p.000112: (4) A statutory instrument which contains (whether alone or with other provision) any of the following may not be
p.000112: made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
p.000112: (a) regulations under section 13(7) (the eligibility criteria);
p.000112: (b) regulations under section 15(4) (the cap on care costs) other than those made in discharge of the duty under
p.000112: section 16(1);
p.000112: (c) the first regulations under section 15(8) (the amount attributable to an adult’s daily living costs);
p.000112: (d) regulations under section 22(2)(b) (services or facilities which a local authority may not provide or arrange);
p.000112: (e) regulations under section 35(9) or 36(3) (deferred payment agreements and loans and alternative financial
p.000112: arrangements) which include provision that amends or repeals a provision of an Act of Parliament, or provides
p.000112: for a provision of an Act of Parliament to apply with modifications;
p.000112: (f) the first regulations under section 52(12) (meaning of references to business failure);
p.000112: (g) the first regulations under section 53(1) (criteria for application of market oversight regime);
p.000112:
p.000112: Care Act 2014 (c. 23) Part 5 — General
p.000113: 113
p.000113:
p.000113: (h) the first regulations under section 53(4) (disapplication of market oversight regime in particular
p.000113: cases);
p.000113: (i) the first regulations under section 62(2) (exercise of power to meet child’s carer’s needs for
p.000113: support);
p.000113: (j) the first regulations under section 72 (Part 1 appeals);
p.000113: (k) subsequent regulations under that section which include provision that amends or repeals a provision of an Act
p.000113: of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
p.000113: (l) an order under section 79(9) (delegation of local authority functions);
p.000113: (m) regulations under section 92 (offence of supplying etc false or misleading information);
p.000113: (n) an order under section 123 (consequential provision) which includes provision that amends or repeals a provision
p.000113: of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
p.000113: (o) regulations under paragraph 18 of Schedule 7 (fees chargeable by the HRA).
p.000113: (5) Subsection (4) does not apply to a statutory instrument which contains regulations or an order within
p.000113: paragraph (e), (k) or (n) of that subsection, if the regulations or order are within the paragraph in question only
p.000113: because they include provision that applies an Act of Parliament with modifications for the purpose of making saving,
p.000113: transitional or transitory provision.
p.000113: (6) Subsection (3) does not apply to—
p.000113: (a) an order under section 96 (transfer order to new HEE);
p.000113: (b) an order under section 109 (transfer order to new HRA);
p.000113: (c) an order under section 124 (transitional etc. provision);
p.000113: (d) an order under section 127 (commencement).
p.000113: (7) A power to make regulations or an order under this Act—
p.000113: (a) may be exercised for all cases to which the power applies, for those cases subject to specified
p.000113: exceptions, or for any specified cases or descriptions of case,
p.000113: (b) may be exercised so as to make, for the cases for which it is exercised—
p.000113: (i) the full provision to which the power applies or any less provision (whether by way of exception or
p.000113: otherwise);
p.000113: (ii) the same provision for all cases for which the power is exercised, or different provision
p.000113: for different cases or different descriptions of case, or different provision as respects the same case or description
p.000113: of case for different purposes of this Act;
p.000113: (iii) any such provision either unconditionally or subject to specified conditions, and
p.000113: (c) may, in particular, make different provision for different areas.
p.000113: (8) A power to make regulations or an order under this Act (other than the power to make an order under section 124
p.000113: or 127) includes —
p.000113: (a) power to make incidental, supplementary, consequential, saving, transitional or transitory
p.000113: provision, and
p.000113: (b) power to provide for a person to exercise a discretion in dealing with a matter.
p.000113: (9) Before making regulations under section 52(12) (meaning of references to business failure), the
p.000113: Secretary of State must consult the Welsh Ministers and
p.000113:
p.000114: 114
p.000114: Care Act 2014 (c. 23) Part 5 — General
p.000114:
p.000114: the Department for Health, Social Services and Public Safety in Northern Ireland.
p.000114:
p.000114: 126 General interpretation
p.000114: In this Act—
p.000114: “devolved authority” means the Scottish Ministers, the Welsh Ministers or the Department for Health, Social
p.000114: Services and Public Safety in Northern Ireland,
p.000114: “devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern
p.000114: Ireland Assembly,
p.000114: “enactment” includes—
p.000114: (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000114: (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or
p.000114: Measure of the National Assembly for Wales or Northern Ireland legislation,
p.000114: “financial year” means a period of 12 months ending with 31 March (but see also the definition of that expression in
p.000114: paragraph 3 of Schedule 2, paragraph 19 of Schedule 5 and paragraph 19 of Schedule 7), and
p.000114: “the health service” means the comprehensive health service in England continued under section 1(1) of the National
p.000114: Health Service Act 2006.
p.000114:
p.000114: 127 Commencement
p.000114: (1) The provisions of Parts 1 to 4 come into force on such day as the Secretary of State may by order appoint.
p.000114: (2) The provisions of this Part come into force on the day on which this Act is passed.
p.000114: (3) Before making an order under this section bringing section 50 (provider failure: temporary duty on
p.000114: local authority in Wales in cross-border cases) or 75 (after-care under the Mental Health Act 1983) into force, the
p.000114: Secretary of State must obtain the consent of the Welsh Ministers.
p.000114: (4) Before making an order under this section bringing section 51 (provider failure: temporary duty on
p.000114: Health and Social Care trusts in cross-border cases) into force, the Secretary of State must obtain the consent of the
p.000114: Department for Health, Social Services and Public Safety in Northern Ireland.
p.000114: (5) Different days may be appointed under subsection (1) for different purposes (including different areas).
p.000114:
p.000114: 128 Extent and application
p.000114: (1) This Act extends to England and Wales only, subject to subsections (2) and (3).
p.000114: (2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment being amended,
p.000114: repealed or revoked, other than the amendment made by section 66(3) which extends to England and Wales only.
p.000114: (3) The following also extend to Scotland and Northern Ireland—
p.000114: (a) section 39(8) and Schedule 1 (cross-border placements);
p.000114:
p.000114: Care Act 2014 (c. 23) Part 5 — General
p.000115: 115
p.000115:
p.000115: (b) sections 49 to 52 (provider failure: temporary duty in relation to cross- border cases);
p.000115: (c) section 73 (Human Rights Act 1998: provision of regulated care or support etc a public function);
p.000115: (d) Chapter 2 of Part 3 (the HRA);
p.000115: (e) section 118 (transfer orders), so far as relating to section 109 (the HRA);
p.000115: (f) section 119 (Chapters 1 and 2 of Part 3: interpretation and supplementary provision);
p.000115: (g) this Part;
p.000115: (h) paragraph 17 of Schedule 5 (arrangements between HEE and devolved authorities) and section 96(2) so far as
p.000115: relating to that paragraph.
p.000115: (4) The Secretary of State may by order provide that specified provisions of this Act, in their application
p.000115: to the Isles of Scilly, have effect with such modifications as may be specified.
p.000115:
p.000115: 129 Short title
p.000115: This Act may be cited as the Care Act 2014.
p.000115:
p.000116: 116
p.000116: Care Act 2014 (c. 23) Schedule 1 — Cross-border placements
p.000116:
p.000116:
p.000116:
p.000116: SCHEDULES
p.000116:
p.000116:
p.000116: SCHEDULE 1 Section 39
p.000116: CROSS-BORDER PLACEMENTS
p.000116: Placements from England to Wales, Scotland or Northern Ireland
p.000116: 1 (1) Where a local authority in England is meeting an adult’s needs for care and support by arranging for
p.000116: the provision of accommodation in Wales, the adult—
p.000116: (a) is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area, and
p.000116: (b) is accordingly not to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as
p.000116: ordinarily resident anywhere in Wales.
p.000116: (2) Where a local authority in England, in reliance on section 22(4), is making arrangements which include the
p.000116: provision of accommodation in Wales, section 22(4) is to have effect as if for paragraph (a) there were
p.000116: substituted— “(a) the authority has obtained consent for it to arrange for the
p.000116: provision of the nursing care from the Local Health Board for the area in which the accommodation is provided,”.
p.000116: (3) Where a local authority in England is meeting an adult’s needs for care and support by arranging for the provision
p.000116: of accommodation in Scotland—
p.000116: (a) the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area,
p.000116: and
p.000116: (b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental
p.000116: Health (Care and Treatment) (Scotland) Act 2003 applies in the adult’s case.
p.000116: (4) Where a local authority in England is meeting an adult’s needs for care and support by arranging for the
p.000116: provision of accommodation in Northern Ireland—
p.000116: (a) the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area,
p.000116: and
p.000116: (b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health
p.000116: and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation
p.000116: or other facilities applies in the adult’s case.
p.000116: (5) Section 22 (prohibition on provision of health services) is to have effect—
p.000116: (a) in its application to a case within sub-paragraph (1)—
p.000116: (i) as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to
p.000116: the National Health Service (Wales) Act 2006, and
p.000116:
p.000116: Care Act 2014 (c. 23)
p.000116: Schedule 1 — Cross-border placements
p.000117: 117
p.000117:
p.000117: (ii) as if the reference in subsection (6) to a clinical commissioning group or the
p.000117: National Health Service Commissioning Board included a reference to a Local Health Board;
p.000117: (b) in its application to a case within sub-paragraph (3)—
p.000117: (i) as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to
p.000117: the National Health Service (Scotland) Act 1978, and
p.000117: (ii) as if the reference in subsection (6) to a clinical commissioning group or the
p.000117: National Health Service Commissioning Board included a reference to a Health Board or Special Health Board;
p.000117: (c) in its application to a case within sub-paragraph (4)—
p.000117: (i) as if the references in subsections (1) and (6) to a service or facility provided under the National Health
p.000117: Service Act 2006 included a reference to health care provided under the Health and Personal Social Services
p.000117: (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009, and
p.000117: (ii) as if the reference in subsection (6) to a clinical commissioning group or the
p.000117: National Health Service Commissioning Board included a reference to a Health and Social Care trust.
p.000117: (6) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.
p.000117: (7) The regulations may specify circumstances in which, in a case within sub- paragraph (3), specified duties under
p.000117: Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and
p.000117: paragraph (b) of that sub-paragraph is to be read accordingly).
p.000117: Placements from Wales to England, Scotland or Northern Ireland
p.000117: 2 (1) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and
p.000117: Well-being (Wales) Act 2014 by arranging for the provision of accommodation in England, the adult concerned—
p.000117: (a) is to be treated for the purposes of that Act as ordinarily resident in the local authority’s area, and
p.000117: (b) is accordingly not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in
p.000117: England.
p.000117: (2) Where a local authority in Wales is arranging for the provision of accommodation in England
p.000117: in the exercise of its power under section 36 of the Social Services and Well-being (Wales) Act 2014—
p.000117: (a) the adult concerned is to be treated for the purposes of that Act—
p.000117: (i) in a case where the adult was within the local authority’s area immediately before being provided by the
p.000117: local authority with accommodation in England, as remaining within that area;
p.000117: (ii) in a case where the adult was outside but ordinarily resident in the local authority’s area
p.000117: immediately before being provided by the local authority with accommodation in
p.000117:
p.000118: 118
p.000118: Care Act 2014 (c. 23) Schedule 1 — Cross-border placements
p.000118:
p.000118: England, as remaining outside but ordinarily resident in that area, and
p.000118: (b) the adult concerned is not to be treated for the purposes of this Part of this Act as ordinarily resident
p.000118: anywhere in England (unless the adult was so ordinarily resident immediately before being provided by the local
p.000118: authority with accommodation in England).
p.000118: (3) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and
p.000118: Well-being (Wales) Act 2014 by arranging for the provision of accommodation in Scotland—
p.000118: (a) the adult is to be treated for the purposes of that Act as ordinarily resident in the local authority’s area,
p.000118: and
p.000118: (b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental
p.000118: Health (Care and Treatment) (Scotland) Act 2003 applies in the adult’s case.
p.000118: (4) Where a local authority in Wales is arranging for the provision of accommodation in Scotland
p.000118: in the exercise of its power under section 36 of the Social Services and Well-being (Wales) Act 2014—
p.000118: (a) the adult concerned is to be treated for the purposes of that Act—
p.000118: (i) in a case where the adult was within the local authority’s area immediately before being provided by the
p.000118: local authority with accommodation in Scotland, as remaining within that area;
p.000118: (ii) in a case where the adult was outside but ordinarily resident in the local authority’s area
p.000118: immediately before being provided by the local authority with accommodation in Scotland, as remaining
p.000118: outside but ordinarily resident in that area, and
p.000118: (b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental
p.000118: Health (Care and Treatment) (Scotland) Act 2003 applies in the adult’s case.
p.000118: (5) But paragraph (b) of sub-paragraph (4) does not prevent a duty mentioned in that paragraph from applying in the
p.000118: case of an adult who was ordinarily resident in Scotland immediately before being provided by the local
p.000118: authority with accommodation in Scotland.
p.000118: (6) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and
p.000118: Well-being (Wales) Act 2014 by arranging for the provision of accommodation in Northern Ireland—
p.000118: (a) the adult is to be treated for the purposes of that Act as ordinarily resident in the local authority’s area,
p.000118: and
p.000118: (b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health
p.000118: and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation
p.000118: or other facilities applies in the adult’s case.
p.000118: (7) Where a local authority in Wales is arranging for the provision of accommodation in
p.000118: Northern Ireland in the exercise of its power under section 36 of the Social Services and Well-being (Wales)
p.000118: Act 2014—
p.000118: (a) the adult concerned is to be treated for the purposes of that Act—
p.000118: (i) in a case where the adult was within the local authority’s area immediately before being provided by the
p.000118: local authority
p.000118:
p.000118: Care Act 2014 (c. 23)
p.000118: Schedule 1 — Cross-border placements
p.000119: 119
p.000119:
p.000119: with accommodation in Northern Ireland, as remaining within that area;
p.000119: (ii) in a case where the adult was outside but ordinarily resident in the local authority’s area
p.000119: immediately before being provided by the local authority with accommodation in Northern Ireland, as
p.000119: remaining outside but ordinarily resident in that area, and
p.000119: (b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health
p.000119: and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation
p.000119: or other facilities applies in the adult’s case.
p.000119: (8) But paragraph (b) of sub-paragraph (7) does not prevent a duty mentioned in that paragraph from applying in the
p.000119: case of an adult who was ordinarily resident in Northern Ireland immediately before being provided by the local
p.000119: authority with accommodation in Northern Ireland.
p.000119: (9) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.
p.000119: (10) The regulations may specify circumstances in which, in a case within sub- paragraph (3) or (4), specified
p.000119: duties under Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of
p.000119: the adult concerned (and paragraph (b) of each of those sub-paragraphs is to be read accordingly).
p.000119: Placements from Scotland to England, Wales or Northern Ireland
p.000119: 3 (1) Where a local authority in Scotland is discharging its duty under section 12 or 13A of the Social Work
p.000119: (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 by securing the
p.000119: provision of accommodation in England, the adult in question is not to be treated for the purposes of this Part of
p.000119: this Act as ordinarily resident anywhere in England.
p.000119: (2) Where a local authority in Scotland is discharging its duty under a provision referred to in
p.000119: sub-paragraph (1) by securing the provision of accommodation in Wales, the adult in question is not
p.000119: to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as ordinarily
p.000119: resident anywhere in Wales.
p.000119: (3) Where a local authority in Scotland is discharging its duty under a provision referred to in
p.000119: sub-paragraph (1) by securing the provision of accommodation in Northern Ireland, no duty under the
p.000119: Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern
p.000119: Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the case of the adult
p.000119: in question.
p.000119: (4) In section 5 of the Community Care and Health (Scotland) Act 2002 (local authority arrangements for residential
p.000119: accommodation outside Scotland)—
p.000119: (a) in subsection (1), after “the 1968 Act” insert “or under section 25 of the Mental Health (Care and Treatment)
p.000119: (Scotland) Act 2003 (care and support)”,
p.000119: (b) in subsection (2), for “such arrangements” substitute “persons for whom such arrangements are made”, and
p.000119:
p.000120: 120
p.000120:
p.000120:
p.000120: (c) for subsections (5) and (6) substitute—
p.000120: Care Act 2014 (c. 23) Schedule 1 — Cross-border placements
p.000120: “(5) In subsections (1) and (3) above, “appropriate establishment” means an establishment of such description or
p.000120: conforming to such requirements as may be specified in regulations under subsection (1).”
p.000120: (5) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.
p.000120: Placements from Northern Ireland to England, Wales or Scotland
p.000120: 4 (1) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern
p.000120: Ireland) Order 1972 for the provision of accommodation in England, the adult in question—
p.000120: (a) is to be treated for the purposes of that Order and the Health and Social Care (Reform) Act (Northern
p.000120: Ireland) 2009 as ordinarily resident in the area of the relevant Health and Social Care trust, and
p.000120: (b) is accordingly not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in
p.000120: England.
p.000120: (2) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern Ireland)
p.000120: Order 1972 for the provision of accommodation in Wales, the adult in question—
...
p.000120: ordinarily resident anywhere in Wales.
p.000120: (3) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern Ireland)
p.000120: Order 1972 for the provision of accommodation in Scotland—
p.000120: (a) the adult in question is to be treated for the purposes of that Order and the Health and Social Care (Reform)
p.000120: Act (Northern Ireland) 2009 as ordinarily resident in the area of the relevant Health and Social Care trust, and
p.000120: (b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental
p.000120: Health (Care and Treatment) (Scotland) Act 2003 applies in the adult’s case.
p.000120: (4) The reference to the relevant Health and Social Care trust is a reference to the Health and Social Care trust
p.000120: in whose area the adult in question was ordinarily resident immediately before the making of arrangements of the
p.000120: kind referred to in this paragraph.
p.000120: (5) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.
p.000120: (6) The regulations may specify circumstances in which, in a case within sub- paragraph (3), specified duties under
p.000120: Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and
p.000120: paragraph (b) of that sub-paragraph is to be read accordingly).
p.000120:
p.000120: Care Act 2014 (c. 23)
p.000120: Schedule 1 — Cross-border placements
p.000120:
p.000120: Dispute resolution
p.000121: 121
p.000121:
p.000121: 5 (1) Any dispute about the application of any of paragraphs 1 to 4 to an adult’s case is to be determined in
p.000121: accordance with this paragraph.
p.000121: (2) If the dispute is between a local authority in England and a local authority in Wales, it is to be
p.000121: determined by the Secretary of State or the Welsh Ministers.
p.000121: (3) If the dispute is between a local authority in England and a local authority in Scotland, it is to be determined
p.000121: by the Secretary of State or the Scottish Ministers.
p.000121: (4) If the dispute is between a local authority in England and a Health and Social Care trust, it is to be determined
p.000121: by the Secretary of State or the Northern Ireland Department.
p.000121: (5) If the dispute is between a local authority in Wales and a local authority in Scotland, it is to be
p.000121: determined by the Welsh Ministers or the Scottish Ministers.
p.000121: (6) If the dispute is between a local authority in Wales and a Health and Social Care trust, it is to be determined by
p.000121: the Welsh Ministers or the Northern Ireland Department.
p.000121: (7) If the dispute is between a local authority in Scotland and a Health and Social Care trust, it is
p.000121: to be determined by the Scottish Ministers or the Northern Ireland Department.
p.000121: (8) In Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972, after paragraph (2)
p.000121: insert—
p.000121: “(2A) Any question under this Order as to the ordinary residence of a person is to be determined by the
p.000121: Department.”
p.000121: (9) Regulations must make provision for determining which of the persons concerned is to determine
p.000121: the dispute; and the regulations may, in particular, provide for the dispute to be determined by whichever
p.000121: of them they agree is to do so.
p.000121: (10) Regulations may make provision for the determination of disputes between more than two parties.
p.000121: (11) Regulations may make further provision about determination of disputes under this paragraph or under regulations
p.000121: under sub-paragraph (10); the regulations may, for example, include—
p.000121: (a) provision requiring parties to a dispute to take specified steps before referring the dispute for determination
p.000121: under this paragraph;
p.000121: (b) provision about the procedure for referring the dispute under this paragraph.
p.000121: Financial adjustments
p.000121: 6 (1) This paragraph applies where—
p.000121: (a) an adult has been provided with accommodation in England, Wales,
p.000121: Scotland or Northern Ireland, and
p.000121: (b) it transpires (whether following the determination of a dispute under paragraph 5 or otherwise) that an
p.000121: authority in another of the
p.000121:
p.000122: 122
p.000122: Care Act 2014 (c. 23)
p.000122: Schedule 1 — Cross-border placements
p.000122:
p.000122: territories was, for some or all of the time that the accommodation was being provided, liable to
p.000122: provide the adult with accommodation.
p.000122: (2) The authority which made the arrangements may recover from the authority in the other territory the amount
p.000122: of any payments it made towards the making of the arrangements at a time when the other authority was liable to
p.000122: provide the adult with accommodation.
p.000122: (3) A reference to an authority is a reference to a local authority in England, Wales or Scotland or a Health and
p.000122: Social Care trust in Northern Ireland.
p.000122: 7 (1) In section 86 of the Social Work (Scotland) Act 1968 (adjustments between authorities providing
p.000122: accommodation), in subsections (1) and (10), after “a local authority in England or Wales” insert “and to a Health and
p.000122: Social Care trust in Northern Ireland”.
p.000122: (2) In subsection (2) of that section, after “the ordinary residence of a person shall” insert “, in a case where
p.000122: there is a dispute about the application of any of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014
p.000122: (cross-border placements), be determined in accordance with paragraph 5 of that Schedule; and in any
p.000122: other case, the question shall”.
p.000122: (3) After subsection (10) of that section insert—
p.000122: “(10A) A person who, as a result of Schedule 1 to the Care Act 2014 (cross- border placements), is treated as
p.000122: ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be
p.000122: treated as ordinarily resident in that area for the purposes of this section.
p.000122: (10B) A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales
p.000122: (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.”
p.000122: (4) In section 97 of that Act (extent)—
p.000122: (a) in subsection (1), for “sections 86 and 87” substitute “section 87”, and
p.000122: (b) after that subsection insert—
p.000122: “(1A) Section 86 of this Act shall extend to England and Wales and to Northern Ireland.”
p.000122: Provision of NHS accommodation not to affect deemed ordinary residence etc.
p.000122: 8 (1) In a case where, as a result of this Schedule, an adult is treated as ordinarily resident in an area in
p.000122: England, Wales or Northern Ireland (as the case may be), the adult does not cease to be so treated merely because the
p.000122: adult is provided with NHS accommodation.
p.000122: (2) In a case where, as a result of this Schedule, an adult is not treated as ordinarily resident
p.000122: anywhere in England or Wales (as the case may be), the adult continues not to be so treated even if the adult is
p.000122: provided with NHS accommodation.
p.000122: (3) In a case where, as a result of this Schedule, no duty under a relevant enactment applies, the
p.000122: duty does not apply merely because the adult in
p.000122:
p.000122: Care Act 2014 (c. 23)
p.000122: Schedule 1 — Cross-border placements
p.000123: 123
p.000123:
p.000123: question is provided with NHS accommodation; and for this purpose “relevant enactment” means—
p.000123: (a) Part 2 of the Social Work (Scotland) Act 1968,
p.000123: (b) sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003,
p.000123: (c) the Health and Personal Social Services (Northern Ireland) Order 1972, or
p.000123: (d) the Health and Social Care (Reform) Act (Northern Ireland) 2009.
p.000123: (4) In a case where, as a result of paragraph 2(2), (4) or (7), an adult is treated as remaining within, or as
p.000123: remaining outside but ordinarily resident in, an area in Wales, the adult does not cease to be so treated merely
p.000123: because the adult is provided with NHS accommodation.
p.000123: Direct payments
p.000123: 9 (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a
p.000123: case where accommodation in England, Wales, Scotland or Northern Ireland is provided for an adult by means of
p.000123: direct payments made by an authority in another of the territories.
p.000123: (2) The reference in sub-paragraph (1) to direct payments accordingly includes a reference to direct payments made—
p.000123: (a) under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014,
p.000123: (b) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support)
p.000123: (Scotland) Act 2013, or
p.000123: (c) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
p.000123: Particular types of accommodation
p.000123: 10 (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case
p.000123: where—
p.000123: (a) an adult has needs for care and support which can be met only if the adult is living in accommodation
p.000123: of a type specified in the regulations,
p.000123: (b) the adult is living in accommodation in England, Wales, Scotland or Northern Ireland that is of a type so
p.000123: specified, and
p.000123: (c) the adult’s needs for care and support are being met by an authority in another of the territories providing or
p.000123: arranging for the provision of services other than the accommodation.
p.000123: (2) In section 5 of the Community Care and Health (Scotland) Act 2002 (the title to which becomes “Local
p.000123: authority arrangements for residential accommodation etc. outwith Scotland”), in subsection (1), at the end
p.000123: insert “or for the provision in England and Wales or in Northern Ireland of a service or facility of
p.000123: such other description as may be specified in the regulations”.
p.000123: Regulations
p.000123: 11 Regulations under this Schedule—
p.000123:
p.000124: 124
p.000124: Care Act 2014 (c. 23)
p.000124: Schedule 1 — Cross-border placements
p.000124:
p.000124: (a) if they include provision relating to Wales, may not be made without the consent of the Welsh Ministers;
p.000124: (b) if they include provision relating to Scotland, may not be made without the consent of the Scottish
p.000124: Ministers;
p.000124: (c) if they include provision relating to Northern Ireland, may not be made without the consent of the Northern
p.000124: Ireland Department.
p.000124:
p.000124: Interpretation
p.000124: 12 (1) This paragraph applies for the purposes of this Schedule.
p.000124: (2) “Accommodation in England” means accommodation in England of a type specified in regulations under section 39
p.000124: but not of a type specified in regulations under this paragraph.
p.000124: (3) “Accommodation in Wales” means accommodation in Wales of a type specified in regulations under section
p.000124: 194 of the Social Services and Well- being (Wales) Act 2014 but not of a type specified in regulations under this
p.000124: paragraph.
p.000124: (4) “Accommodation in Scotland” means residential accommodation in Scotland of a type which may be
p.000124: provided under or by virtue of section 12 or 13A of the Social Work (Scotland) Act 1968, or section 25 of the Mental
p.000124: Health (Care and Treatment) (Scotland) Act 2003, but not of a type specified in regulations under this paragraph.
p.000124: (5) “Accommodation in Northern Ireland” means residential or other accommodation in Northern Ireland of
p.000124: a type which may be provided under Article 15 of the Health and Personal Social Services (Northern Ireland)
p.000124: Order 1972.
p.000124: (6) “Local authority in England” means a local authority for the purposes of this Part.
p.000124: (7) “Local authority in Wales” means a local authority for the purposes of the Social Services and Well-being (Wales)
p.000124: Act 2014.
p.000124: (8) “Local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland)
p.000124: Act 1994.
p.000124: (9) “The Northern Ireland Department” means the Department of Health, Social Services and Public Safety in Northern
p.000124: Ireland.
p.000124: (10) “NHS accommodation” has the meaning given in section 39(6).
p.000124: Consequential provision
p.000124: 13 In section 194 of the Social Services and Well-being (Wales) Act 2014 (ordinary residence), at
p.000124: the end insert—
p.000124: “(8) For provision about cross-border placements to and from England, Scotland or Northern Ireland, see Schedule 1
p.000124: to the Care Act 2014.
p.000124: (8) Am ddarpariaeth ynghylch lleoliadau trawsffiniol i Loegr, yr Alban neu Ogledd Iwerddon neu o Loegr, yr Alban neu
p.000124: Ogledd Iwerddon, gweler Atodlen 1 i Ddeddf Gofal 2014.”
p.000124:
p.000124: Care Act 2014 (c. 23)
p.000124: Schedule 1 — Cross-border placements
p.000124:
p.000124: Transitory provision
p.000125: 125
p.000125:
p.000125: 14 (1) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014, this Schedule is
p.000125: to have effect with the modifications set out in this paragraph.
p.000125: (2) A reference to that Act in paragraphs 1, 3 and 4 is to be read as a reference to Part 3 of the National Assistance
p.000125: Act 1948.
p.000125: (3) In paragraph 2—
p.000125: (a) the references in sub-paragraphs (1), (3) and (6) to discharging a duty under section 35 of the Social Services
p.000125: and Well-being (Wales) Act 2014 by arranging for the provision of accommodation are to be read as references to
p.000125: providing residential accommodation under Part 3 of the National Assistance Act 1948;
p.000125: (b) the references in paragraph (a) of each of those sub-paragraphs to the Social Services and Well-being
p.000125: (Wales) Act 2014 are to be read as references to Part 3 of the National Assistance Act 1948;
p.000125: (c) sub-paragraphs (2), (4) and (7) are to be ignored; and
p.000125: (d) in sub-paragraph (10), the references to sub-paragraph (4) and paragraph (b) of sub-paragraph (4) are to
p.000125: be ignored.
p.000125: (4) In paragraph 9, the reference to sections 50 and 52 of the Social Services and Well-being (Wales) Act 2014 is to
p.000125: be read as a reference to section 57 of the Health and Social Care Act 2001.
p.000125: (5) In paragraph 12, sub-paragraph (3) is to be read as if the following were substituted for it—
p.000125: “(3) “Accommodation in Wales” means residential accommodation in Wales of a type that may be provided under Part 3 of
p.000125: the National Assistance Act 1948 but not of a type specified in regulations under this paragraph.”
p.000125: (6) In that paragraph, sub-paragraph (7) is to be read as if the following were substituted for it—
p.000125: “(7) “Local authority in Wales” means a local authority in Wales for the purposes of Part 3 of the National Assistance
p.000125: Act 1948.”
p.000125: (7) This paragraph does not affect the generality of section 124(2).
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125: Membership, etc.
p.000125: SCHEDULE 2 Section 43
p.000125: SAFEGUARDING ADULTS BOARDS
p.000125:
p.000125: 1 (1) The members of an SAB are—
p.000125: (a) the local authority which established it,
p.000125: (b) a clinical commissioning group the whole or part of whose area is in the local authority’s area,
p.000125: (c) the chief officer of police for a police area the whole or part of which is in the local authority’s area, and
p.000125:
p.000126: 126
p.000126: Care Act 2014 (c. 23)
p.000126: Schedule 2 — Safeguarding Adults Boards
p.000126:
p.000126: (d) such persons, or persons of such description, as may be specified in regulations.
p.000126: (2) The membership of an SAB may also include such other persons as the local authority which established it, having
p.000126: consulted the other members listed in sub-paragraph (1), considers appropriate.
p.000126: (3) A local authority, having consulted the other members of its SAB, must appoint as the chair a
p.000126: person whom the authority considers to have the required skills and experience.
p.000126: (4) Each member of an SAB must appoint a person to represent it on the SAB; and the representative must be a
p.000126: person whom the member considers to have the required skills and experience.
p.000126: (5) Where more than one clinical commissioning group or more than one chief officer of police comes within
p.000126: sub-paragraph (1), a person may represent more than one of the clinical commissioning groups or chief
p.000126: officers of police.
p.000126: (6) The members of an SAB (other than the local authority which established it) must, in acting as such, have regard
p.000126: to such guidance as the Secretary of State may issue.
p.000126: (7) Guidance for the local authority on acting as a member of the SAB is to be included in the guidance issued for the
p.000126: purposes of section 78(1).
p.000126: (8) An SAB may regulate its own procedure.
p.000126:
p.000126: Funding and other resources
p.000126: 2 (1) A member of an SAB listed in paragraph 1(1) may make payments towards expenditure incurred by, or for
p.000126: purposes connected with, the SAB—
p.000126: (a) by making the payments directly, or
p.000126: (b) by contributing to a fund out of which the payments may be made.
p.000126: (2) A member of an SAB listed in paragraph 1(1) may provide staff, goods, services, accommodation or other
p.000126: resources for purposes connected with the SAB.
p.000126: Strategic plan
p.000126: 3 (1) An SAB must publish for each financial year a plan (its “strategic plan”) which sets out—
p.000126: (a) its strategy for achieving its objective (see section 43), and
p.000126: (b) what each member is to do to implement that strategy.
p.000126: (2) In preparing its strategic plan, the SAB must—
p.000126: (a) consult the Local Healthwatch organisation for its area, and
p.000126: (b) involve the community in its area.
p.000126: (3) In this paragraph and paragraph 4, “financial year”, in relation to an SAB, includes the period—
p.000126: (a) beginning with the day on which the SAB is established, and
p.000126: (b) ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the
p.000126: 31 March following that date.
p.000126:
p.000126: Care Act 2014 (c. 23)
p.000126: Schedule 2 — Safeguarding Adults Boards
p.000126:
p.000126: Annual report
p.000127: 127
p.000127:
p.000127: 4 (1) As soon as is feasible after the end of each financial year, an SAB must publish a report on—
p.000127: (a) what it has done during that year to achieve its objective,
p.000127: (b) what it has done during that year to implement its strategy,
p.000127: (c) what each member has done during that year to implement the strategy,
p.000127: (d) the findings of the reviews arranged by it under section 44 (safeguarding adults reviews)
p.000127: which have concluded in that year (whether or not they began in that year),
p.000127: (e) the reviews arranged by it under that section which are ongoing at the end of that year (whether or not they
p.000127: began in that year),
p.000127: (f) what it has done during that year to implement the findings of reviews arranged by it under that
p.000127: section, and
p.000127: (g) where it decides during that year not to implement a finding of a review arranged by it under that section, the
p.000127: reasons for its decision.
p.000127: (2) The SAB must send a copy of the report to—
p.000127: (a) the chief executive and the leader of the local authority which established the SAB,
p.000127: (b) the local policing body the whole or part of whose area is in the local authority’s area,
p.000127: (c) the Local Healthwatch organisation for the local authority’s area, and
p.000127: (d) the chair of the Health and Wellbeing Board for that area.
p.000127: (3) “Local policing body” has the meaning given by section 101 of the Police Act 1996.
p.000127:
p.000127:
p.000127: SCHEDULE 3 Section 74
p.000127: DISCHARGE OF HOSPITAL PATIENTS WITH CARE AND SUPPORT NEEDS
p.000127: Cases where hospital patient is likely to have care and support needs after discharge
p.000127: 1 (1) Where the NHS body responsible for a hospital patient considers that it is not likely to be safe to
p.000127: discharge the patient unless arrangements for meeting the patient’s needs for care and support are in place, the body
p.000127: must give notice to—
p.000127: (a) the local authority in whose area the patient is ordinarily resident, or
p.000127: (b) if it appears to the body that the patient is of no settled residence, the local authority in whose area the
p.000127: hospital is situated.
p.000127: (2) A notice under sub-paragraph (1) is referred to in this Schedule as an “assessment notice”; and the
p.000127: local authority to which an assessment notice is given is referred to in this Schedule as “the relevant authority”.
p.000127: (3) An assessment notice—
p.000127: (a) must describe itself as such, and
p.000127: (b) may not be given more than seven days before the day on which the patient is expected to be admitted to
p.000127: hospital.
p.000127:
p.000128: 128
p.000128: Care Act 2014 (c. 23)
p.000128: Schedule 3 — Discharge of hospital patients with care and support needs
p.000128:
p.000128: (4) Before giving an assessment notice, the NHS body responsible for the patient must consult—
p.000128: (a) the patient, and
p.000128: (b) where it is feasible to do so, any carer that the patient has.
p.000128: (5) An assessment notice remains in force until—
p.000128: (a) the patient is discharged (whether by the NHS body responsible for the patient or by the patient himself or
p.000128: herself),
p.000128: (b) the patient dies, or
p.000128: (c) the NHS body responsible for the patient withdraws the notice by giving a notice (a “withdrawal notice”) to the
p.000128: relevant authority.
p.000128: (6) A reference in this paragraph to a hospital patient includes a reference to a person who it is reasonable to
p.000128: expect is about to become one.
p.000128:
p.000128: Assessment notice given by responsible NHS body to local authority
p.000128: 2 (1) The NHS body responsible for a hospital patient, having given the relevant authority an assessment notice,
p.000128: must—
p.000128: (a) consult the authority before deciding what it will do for the patient in order for discharge to be safe, and
p.000128: (b) give the authority notice of the day on which it proposes to discharge the patient.
p.000128: (2) A notice under sub-paragraph (1)(b) is referred to in this Schedule as a “discharge notice”.
p.000128: (3) A discharge notice must specify—
p.000128: (a) whether the NHS body responsible for the patient will be providing or arranging for the provision of services
p.000128: under the National Health Service Act 2006 to the patient after discharge, and
p.000128: (b) if it will, what those services are.
p.000128: (4) A discharge notice remains in force until—
p.000128: (a) the end of the relevant day, or
p.000128: (b) the NHS body responsible for the patient withdraws the notice by giving a withdrawal notice to the relevant
p.000128: authority.
p.000128: (5) The “relevant day” is the later of—
p.000128: (a) the day specified in the discharge notice, and
p.000128: (b) the last day of such period as regulations may specify.
p.000128: (6) A period specified under sub-paragraph (5)(b) must—
p.000128: (a) begin with the day after that on which the assessment notice is given, and
p.000128: (b) last for a period of at least two days.
p.000128: 3 (1) The relevant authority, having received an assessment notice and having in light of it carried out a needs
p.000128: assessment and (where applicable) a carer’s assessment, must inform the NHS body responsible for the patient—
p.000128: (a) whether the patient has needs for care and support,
p.000128: (b) (where applicable) whether a carer has needs for support,
p.000128: (c) whether any of the needs referred to in paragraphs (a) and (b) meet the eligibility criteria, and
p.000128:
p.000128: Care Act 2014 (c. 23)
p.000128: Schedule 3 — Discharge of hospital patients with care and support needs
p.000129: 129
p.000129:
p.000129: (d) how the authority plans to meet such of those needs as meet the eligibility criteria.
p.000129: (2) Where, having carried out a needs assessment or carer’s assessment in a case within section 27(4), the relevant
p.000129: authority considers that the patient’s needs for care and support or (as the case may be) the carer’s needs for support
p.000129: have changed, it must inform the NHS body responsible for the patient of the change.
p.000129: Cases where discharge of the patient is delayed
p.000129: 4 (1) If the relevant authority, having received an assessment notice and a discharge notice, has not
p.000129: carried out a needs or (where applicable) carer’s assessment and the patient has not been discharged by the
p.000129: end of the relevant day, the NHS body responsible for the patient may require the relevant authority to
p.000129: pay the specified amount for each day of the specified period.
p.000129: (2) If the relevant authority has not put in place arrangements for meeting some or all of those of the needs under
p.000129: sections 18 to 20 that it proposes to meet in the case of the patient or (where applicable) a carer, and the patient
p.000129: has for that reason alone not been discharged by the end of the relevant day, the NHS body responsible for the patient
p.000129: may require the relevant authority to pay the specified amount for each day of the specified period.
p.000129: (3) If, in a case within sub-paragraph (1) or (2), the assessment notice ceases to be in force, any liability arising
p.000129: under that sub-paragraph before it ceased to be in force is unaffected.
p.000129: (4) A payment under sub-paragraph (1) or (2) must be made to—
p.000129: (a) the NHS body responsible for the patient, or
p.000129: (b) in such a case as regulations may specify, the person specified.
p.000129: (5) The “relevant day” has the meaning given by paragraph 2(5).
p.000129: (6) A reference to a requirement to pay the specified amount is a reference to a requirement to pay the amount
p.000129: specified in regulations; and the reference to the specified period is a reference to the period specified in or
p.000129: determined in accordance with regulations.
p.000129: (7) In specifying the amount of a payment, the Secretary of State must have regard in particular to either
p.000129: or both of—
p.000129: (a) costs to NHS bodies of providing accommodation and personal care to patients ready to be discharged, and
p.000129: (b) costs to local authorities of meeting needs under sections 18 to 20 in the case of persons who have been
p.000129: discharged.
p.000129: Delegation to management of independent hospital
p.000129: 5 (1) An NHS body may make arrangements with any person connected with the management of an independent hospital
p.000129: for that person (or an employee of that person) to do, on behalf of the NHS body and in accordance with the
p.000129: arrangements, anything which is required or authorised to be done by the NHS body by or under this Schedule in
p.000129: relation to hospital patients accommodated in that hospital.
p.000129:
p.000130: 130
p.000130: Care Act 2014 (c. 23)
p.000130: Schedule 3 — Discharge of hospital patients with care and support needs
p.000130:
p.000130: (2) Anything done or omitted to be done by or in relation to the authorised person (or an employee of
p.000130: that person) under such arrangements is to be treated as done or omitted to be done by or in relation to the NHS body.
p.000130: (3) Nothing in this paragraph prevents anything being done by or in relation to the NHS body.
p.000130:
p.000130: Adjustments between local authorities
p.000130: 6 (1) Regulations may modify, or otherwise make provision about, the application of a provision
p.000130: of this Schedule in a case where it appears to the NHS body responsible for a hospital patient that the patient is
p.000130: ordinarily resident in the area of another local authority.
p.000130: (2) The regulations may, in particular, authorise or require a local authority—
p.000130: (a) to accept an assessment notice given to it even though it may wish to dispute that it was the correct authority
p.000130: to which to give the notice;
p.000130: (b) to become the relevant authority in the patient’s case;
p.000130: (c) to recover expenditure incurred—
p.000130: (i) in the exercise of functions under this Schedule;
p.000130: (ii) in meeting needs under sections 18 to 20 in a case under this Schedule.
p.000130: Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.
p.000130: 7 (1) A hospital patient is a person ordinarily resident in England who—
p.000130: (a) is being accommodated at an NHS hospital, or at an independent hospital as a result of arrangements made by an
p.000130: NHS body, and
p.000130: (b) is receiving (or has received or can reasonably be expected to receive) acute care.
p.000130: (2) “NHS hospital” means a health service hospital (as defined by the National Health Service Act 2006) in England.
p.000130: (3) “Independent hospital” means a hospital (as defined by that Act) in the United Kingdom which is not—
p.000130: (a) an NHS hospital,
p.000130: (b) a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006,
p.000130: (c) a health service hospital as defined by section 108 of the National Health Service (Scotland) Act 1978, or
p.000130: (d) a hospital vested in the Department of Health, Social Services and Public Safety in Northern Ireland or managed
p.000130: by a Health and Social Care trust.
p.000130: (4) “NHS body” means—
p.000130: (a) an NHS trust established under section 25 of the National Health Service Act 2006,
p.000130: (b) an NHS foundation trust,
p.000130: (c) the National Health Service Commissioning Board, or
p.000130: (d) a clinical commissioning group.
p.000130: (5) A reference to the NHS body responsible for a hospital patient is—
p.000130:
p.000130: Care Act 2014 (c. 23)
p.000130: Schedule 3 — Discharge of hospital patients with care and support needs
p.000131: 131
p.000131:
...
p.000131: diagnosing or treating illness, the arrangements for which are the primary responsibility of a
p.000131: consultant psychiatrist.
p.000131: Further provision about assessment notices, discharge notices, etc.
p.000131: 8 Regulations may—
p.000131: (a) specify the form and content of an assessment notice, a discharge notice or a withdrawal notice;
p.000131: (b) specify the manner in which an assessment notice, a discharge notice or a withdrawal notice may be given;
p.000131: (c) specify when a discharge notice may be given;
p.000131: (d) specify circumstances in which a withdrawal notice must be given;
p.000131: (e) make provision for determining the day on which an assessment notice, a discharge notice or a
p.000131: withdrawal notice is to be regarded as given.
p.000131:
p.000131:
p.000131: SCHEDULE 4 Section 75
p.000131: PART 1
p.000131: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983: DIRECT PAYMENTS
p.000131: 1 (1) Sections 31 (adults with capacity to request direct payments), 32 (adults without capacity to
p.000131: request direct payments) and 33 (direct payments: further provision) apply in relation to section 117 of the
p.000131: Mental Health Act 1983 but as if the following modifications were made to those sections.
p.000131: (2) For subsection (1) of section 31, substitute—
p.000131: “(1) This section applies where an adult to whom section 117 of the Mental Health Act 1983
p.000131: (after-care) applies requests the local authority to make payments to the adult or a person nominated by
p.000131:
p.000132: 132
p.000132: Care Act 2014 (c. 23)
p.000132: Schedule 4 —
p.000132: Part 1 — After-care under the Mental Health Act 1983: direct payments
p.000132:
p.000132: the adult that are equivalent to the cost of providing or arranging for the provision of after-care services for the
p.000132: adult under that section.”
p.000132: (3) In subsection (5) of that section—
p.000132: (a) in paragraph (a), for “meeting the adult’s needs” substitute “discharging its duty under
p.000132: section 117 of the Mental Health Act 1983”, and
p.000132: (b) in paragraph (b), for “to meet the adult’s needs” substitute “to discharge its duty under that
p.000132: section”.
p.000132: (4) In subsection (7) of that section, for “to meet the needs in question” substitute “to discharge its
p.000132: duty under section 117 of the Mental Health Act 1983”.
p.000132: (5) For subsection (1) of section 32, substitute— “(1) This section applies where—
p.000132: (a) an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies lacks capacity to
p.000132: request the local authority to make payments equivalent to the cost of providing or arranging for
p.000132: the provision of after-care services for the adult under that section, and
p.000132: (b) an authorised person requests the local authority to make such payments to the authorised person.”
p.000132: (6) In subsection (4)(a) of that section, for “the adult’s needs for care and support” substitute “the
p.000132: provision to the adult of after-care services under section 117 of the Mental Health Act 1983”.
p.000132: (7) In subsection (6) of that section—
p.000132: (a) in paragraph (a), for “meeting the adult’s needs” substitute “discharging its duty under
p.000132: section 117 of the Mental Health Act 1983”, and
p.000132: (b) in paragraph (b), for “to meet the adult’s needs” substitute “to discharge its duty under that
p.000132: section”.
p.000132: (8) In subsection (7) of that section, for “the provision of the care and support” substitute “the provision of
p.000132: after-care services under section 117 of the Mental Health Act 1983”.
p.000132: (9) In subsection (9) of that section, for “to meet the needs in question” substitute “to discharge its
p.000132: duty under section 117 of the Mental Health Act 1983”.
p.000132: (10) In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its duty under section 117 of the
p.000132: Mental Health Act 1983”.
p.000132: (11) For subsection (3) of that section, substitute—
p.000132: “(3) A direct payment is made on condition that it be used only to pay for arrangements under which after-care
p.000132: services for the adult are provided under section 117 of the Mental Health Act 1983.”
p.000132:
p.000132: Care Act 2014 (c. 23)
p.000132: Schedule 4 —
p.000132: Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2014
p.000132:
p.000132: PART 2
p.000133: 133
p.000133:
p.000133: PROVISION TO BE INSERTED IN SOCIAL SERVICES AND WELL-BEING (WALES) ACT 2014
p.000133: “SCHEDULE A1
p.000133: DIRECT PAYMENTS: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983
p.000133: General
p.000133: 1 Sections 50 (direct payments to meet an adult’s needs), 51 (direct payments to meet a child’s needs) and
p.000133: 53 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if
p.000133: the following modifications were made to those sections.
p.000133: Modifications to section 50
p.000133: 2 For subsection (1) of section 50 substitute—
p.000133: “(1) Regulations may require or allow a local authority to make payments to an adult to whom section
p.000133: 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging
p.000133: for the provision of after-care services for the adult under that section.”
p.000133: 3 In subsection (3) of that section—
p.000133: (a) in paragraph (a), for “who has needs for care and support (“A”)” substitute “in respect of the provision to the
p.000133: adult (“A”) of after-care services under section 117 of the Mental Health Act 1983”, and
p.000133: (b) in paragraph (c)(i), for “of meeting A’s needs” substitute “of discharging its duty towards A under section 117
p.000133: of the Mental Health Act 1983”.
p.000133: 4 In subsection (4) of that section—
p.000133: (a) in paragraph (a), for “who has needs for care and support (“A”)” substitute “to whom section 117 of the
p.000133: Mental Health Act 1983 applies (“A”)”, and
p.000133: (b) in paragraph (d)(i), for “meeting A’s needs” substitute “discharging its duty towards A under section 117
p.000133: of the Mental Health Act 1983”.
p.000133: 5 In subsection (5) of that section—
p.000133: (a) in paragraph (a), for “A’s needs for care and support” substitute “the provision to A of after-care
p.000133: services under section 117 of the Mental Health Act 1983”, and
p.000133: (b) in paragraph (b), for “towards the cost of meeting A’s needs for care and support” substitute
p.000133: “equivalent to the cost of providing or arranging the provision to A of after- care services under section 117 of the
p.000133: Mental Health Act 1983”.
p.000133:
p.000134: 134
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 4 — Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2014
p.000134:
p.000134: 6 In subsection (6)(b) of that section, for “A’s needs for care and support” substitute “the
p.000134: provision to A of after-care services under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 51
p.000134: 7 For subsection (1) of section 51 substitute—
p.000134: “(1) Regulations may require or allow a local authority to make payments to a person in respect of a
p.000134: child to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost
p.000134: of providing or arranging the provision of after-care services for the child under that section.”
p.000134: 8 In subsection (3)(a) and (b) of that section, for “who has needs for care and support” (in each place it
p.000134: occurs) substitute “to whom section 117 of the Mental Health Act 1983 applies”.
p.000134: 9 In subsection (5)(a) of that section, for “meeting the child’s needs” substitute “discharging its duty
p.000134: towards the child under section 117 of the Mental Health Act 1983”.
p.000134: Modifications to section 53
p.000134: 10 In subsection (1) of section 53—
p.000134: (a) in the opening words, for “50, 51 or 52” substitute “50 or 51”,
p.000134: (b) omit paragraphs (a), (b) and (c),
p.000134: (c) in paragraph (i), for “a local authority’s duty or power to meet a person’s needs for care and support
p.000134: or a carer’s needs for support is displaced” substitute “a local authority’s duty under section 117
p.000134: of the Mental Health Act 1983 (after-care) is discharged”, and
p.000134: (d) in paragraph (k), for “50 to 52” substitute “50 and 51”.
p.000134: 11 Omit subsections (2) to (8) of that section.
p.000134: 12 After subsection (8) of that section insert—
p.000134: “(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of
p.000134: providing or arranging for the provision of after-care services under section 117 of the Mental Health Act
p.000134: 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of
p.000134: securing the provision of those services to meet those needs.”
p.000134: 13 In subsection (9) of that section—
p.000134: (a) for “, 51 or 52” substitute “or 51”, and
p.000134: (b) for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
p.000134: 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to
p.000134: meet needs” substitute “after-care services”.”
p.000134:
p.000134: Care Act 2014 (c. 23)
p.000134: Schedule 5 — Health Education England Part 1 — Constitution
p.000135: 135
p.000135:
p.000135:
p.000135: SCHEDULE 5 Section 96
p.000135: HEALTH EDUCATION ENGLAND PART 1
p.000135: CONSTITUTION
p.000135: Membership
p.000135:
p.000135: 1 (1) HEE consists of—
p.000135: (a) a chair appointed by the Secretary of State,
p.000135: (b) six other members appointed by the Secretary of State,
p.000135: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000135: (d) no more than four other members appointed by the members appointed under paragraphs (a) and (b).
p.000135: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000135: (a) are not employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “non-executive members”.
p.000135: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000135: (a) are employees of HEE, and
p.000135: (b) are referred to in this Schedule as the “executive members”.
...
p.000137: Employees: terms of office
p.000137: 7 (1) Each executive member of HEE is appointed as an employee of HEE on such terms as it decides.
p.000137: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000137: (3) HEE may appoint, on such terms as it decides, other persons as employees of HEE (in addition to those appointed as
p.000137: executive members).
p.000137: Employees: pay
p.000137: 8 (1) HEE must pay its employees such remuneration as it decides.
p.000137: (2) HEE may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect
p.000137: of a person who is or has been an employee of HEE.
p.000137: (3) Before making a decision about pay under this paragraph, HEE must obtain the approval of the Secretary of State to
p.000137: its policy on the matter.
p.000137: Committees and sub-committees
p.000137: 9 (1) HEE may appoint committees and sub-committees.
p.000137: (2) A committee or sub-committee may consist of or include persons who are not members or employees of HEE.
p.000137: (3) HEE may pay such remuneration and allowances as it decides to a person who is a member of a committee
p.000137: (including a committee which HEE is required to appoint under section 103(1) (LETBs)) or sub-committee, but is not
p.000137: an employee of HEE, regardless of whether the person is a non-executive member of HEE.
p.000137: (4) Any committees and sub-committees of the Special Health Authority called Health Education England in existence
p.000137: immediately before its abolition are to become respectively committees and sub-committees of HEE (and are to be treated
p.000137: as appointed under this paragraph).
p.000137:
p.000137: Procedure
p.000137: 10 (1) HEE may regulate its own procedure.
p.000137: (2) A vacancy among the members of HEE, or a defect in the appointment of a member, does not affect the validity of
p.000137: any act of HEE.
p.000137: Seal and evidence
p.000137: 11 (1) The application of HEE’s seal must be authenticated by the signature of a member of HEE or a person who has
p.000137: been authorised (whether generally or specifically) for the purpose.
p.000137:
p.000138: 138
p.000138: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000138: Part 1 — Constitution
p.000138:
p.000138: (2) A document purporting to be duly executed under HEE’s seal or to be signed on its behalf must be
p.000138: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000138: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000138: law of Scotland.
p.000138:
p.000138: Status of HEE
p.000138: 12 (1) HEE is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000138: immunity of the Crown.
p.000138: (2) HEE’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000138:
p.000138: PART 2 FUNCTIONS
p.000138: Exercise of functions
p.000138:
p.000138: 13 (1) HEE must exercise its functions effectively, efficiently and economically.
p.000138: (2) HEE may arrange for any of its committees, sub-committees or members or any other person to exercise any of its
p.000138: functions on its behalf (but see sub- paragraph (5)).
p.000138: (3) HEE may arrange for any person to help it to exercise its functions (whether in a particular case or in cases of a
p.000138: particular description).
p.000138: (4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the
p.000138: persons with whom HEE makes the arrangements.
p.000138: (5) HEE may not arrange for a committee which is not an LETB, or for a sub- committee, member or any other
p.000138: person, to exercise a function which is exercisable by an LETB.
p.000138: (6) HEE may in any way it thinks appropriate involve health care workers, persons to whom health services
p.000138: are provided or carers for such persons, in decisions it makes about the exercise of its functions; and “carer” means
p.000138: an adult who provides or intends to provide care for another person.
p.000138: (7) HEE may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the
p.000138: exercise of its functions.
p.000138: (8) In section 247C of the National Health Service Act 2006 (Secretary of State’s duty to keep health service
p.000138: functions of certain bodies under review), in subsection (2), after paragraph (e) insert—
p.000138: “(ea) Health Education England;”.
p.000138: Help or advice for other public authorities
p.000138: 14 (1) HEE may provide help or advice to another public authority for the purpose of the exercise by that authority
p.000138: of its functions.
p.000138:
p.000138: Care Act 2014 (c. 23)
p.000138: Schedule 5 — Health Education England Part 2 — Functions
p.000139: 139
p.000139:
p.000139: (2) Help or advice under this paragraph may be provided on such terms as HEE decides (including terms relating
p.000139: to payment of remuneration or allowances).
p.000139: (3) “Public authority”—
p.000139: (a) includes any person certain of whose functions are functions of a public nature, but
p.000139: (b) does not include either House of Parliament or a person exercising functions in connection with proceedings in
p.000139: Parliament.
p.000139: (4) A reference to a public authority—
p.000139: (a) includes a public authority in the Channel Islands or the Isle of Man, but
p.000139: (b) subject to that, does not include a reference to a public authority outside the United Kingdom.
p.000139:
p.000139: Co-operation
p.000139: 15 (1) HEE must, in the exercise of its functions, co-operate with the Secretary of State in the exercise of the
p.000139: Secretary of State’s public health functions (as defined by section 1H of the National Health Service Act 2006).
p.000139: (2) In section 72 of that Act (co-operation between NHS bodies), after subsection
p.000139: (3) insert—
p.000139: “(4) For the purposes of this section, Health Education England is an NHS body.”
p.000139: (3) In section 290(3) of the Health and Social Care Act 2012 (bodies which must co-operate with Monitor and the Care
p.000139: Quality Commission in the exercise of their functions), after paragraph (c) (but before the following “and”) insert—
p.000139: “(ca) Health Education England,”.
p.000139: (4) Regulations may require HEE and a specified person to co-operate with each other in the exercise of their
p.000139: respective functions or such of their functions as are specified.
p.000139: NHS contracts
p.000139: 16 In section 9(4) of the National Health Service Act 2006 (NHS contracts: health service bodies), after
p.000139: paragraph (kb) insert—
p.000139: “(kc) Health Education England,”.
p.000139: Arrangements with devolved authorities
p.000139: 17 (1) HEE may arrange with a devolved authority for HEE—
p.000139: (a) to exercise on behalf of the devolved authority any function which corresponds to a function of HEE;
p.000139: (b) to provide services or facilities in so far as the devolved authority requires them in connection with the
p.000139: exercise of such a function.
p.000139: (2) The terms and conditions on which arrangements under this paragraph may be made include provision for payment
p.000139: to HEE in respect of its costs in giving effect to the arrangements.
p.000139:
p.000140: 140
p.000140:
p.000140:
p.000140: Failure to exercise functions
p.000140: Care Act 2014 (c. 23) Schedule 5 — Health Education England
p.000140: Part 2 — Functions
p.000140:
p.000140: 18 (1) If the Secretary of State considers that HEE is failing or has failed to exercise any of its functions, and
p.000140: that the failure is significant, the Secretary of State may direct HEE to exercise such of its functions, in such
p.000140: manner and within such period, as the direction specifies.
p.000140: (2) If HEE fails to comply with a direction under this section, the Secretary of State may—
p.000140: (a) exercise the functions specified in the direction, or
p.000140: (b) make arrangements for some other person to exercise them on the Secretary of State’s behalf.
p.000140: (3) Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish
p.000140: the reasons for doing so.
p.000140: (4) The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it
p.000140: properly.
p.000140: PART 3 FINANCE AND REPORTS
p.000140: Funding
p.000140: 19 (1) The Secretary of State must pay HEE for each financial year sums not exceeding the amount the
p.000140: Secretary of State has allotted for that year towards meeting the expenditure that is attributable to HEE’s
p.000140: exercise of its functions in that year.
p.000140: (2) An amount is to be regarded as allotted when the Secretary of State notifies HEE accordingly.
...
p.000146: (2) HEE must keep the appointment criteria under review and may revise them; and the duty to obtain approval under
p.000146: sub-paragraph (1) applies to revised criteria only in so far as HEE considers the revisions significant.
p.000146: Exercise of functions
p.000146: 4 (1) Regulations may—
p.000146: (a) give LETBs additional functions relating to the provision of education and training for health
p.000146: care workers or to the planning of its provision;
p.000146: (b) impose requirements on LETBs relating to how they exercise functions.
p.000146: (2) An LETB may do anything which appears to it to be necessary or desirable for the purposes of or in connection with
p.000146: the exercise of its functions.
p.000146:
p.000146: Care Act 2014 (c. 23)
p.000146: Schedule 6 — Local Education and Training Boards
p.000147: 147
p.000147:
p.000147: (3) If HEE considers that an LETB is failing or has failed to exercise a function, or that there is a significant risk
p.000147: that it will fail to do so, HEE must direct the LETB to exercise such function within such period, and in such manner,
p.000147: as the direction specifies.
p.000147: (4) If an LETB fails to comply with a direction under sub-paragraph (3), HEE may take action under one or more of
p.000147: paragraphs (a) to (c) of paragraph 2(4) (with paragraph 2(5) to (7) applying accordingly).
p.000147: (5) The reference in sub-paragraph (3) to exercising a function includes a reference to exercising it
p.000147: properly.
p.000147:
p.000147:
p.000147: SCHEDULE 7 Section 109
p.000147: THE HEALTH RESEARCH AUTHORITY PART 1
p.000147: CONSTITUTION
p.000147: Membership
p.000147:
p.000147: 1 (1) The HRA consists of—
p.000147: (a) a chair appointed by the Secretary of State,
p.000147: (b) at least three but no more than four other members appointed by the Secretary of State,
p.000147: (c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
p.000147: (d) at least two but no more than three other members appointed by the members appointed under paragraphs (a) and
p.000147: (b).
p.000147: (2) The members appointed under sub-paragraph (1)(a) and (b)—
p.000147: (a) are not employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “non-executive members”.
p.000147: (3) The members appointed under sub-paragraph (1)(c) and (d)—
p.000147: (a) are employees of the HRA, and
p.000147: (b) are referred to in this Schedule as the “executive members”.
p.000147: (4) The number of non-executive members must exceed the number of executive members.
p.000147: Non-executive members: terms of office
p.000147: 2 (1) A person holds office as a non-executive member of the HRA on the terms of that person’s appointment.
p.000147: (2) A person may not be appointed as a non-executive member for a period of more than four years.
p.000147: (3) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000147:
p.000148: 148
p.000148: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000148: Part 1 — Constitution
p.000148:
p.000148: (4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.
p.000148: (5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—
p.000148: (a) incapacity;
p.000148: (b) misbehaviour;
p.000148: (c) failure to carry out his or her duties as a non-executive member.
p.000148: (6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000148: Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).
p.000148:
p.000148: Non-executive members: suspension from office
p.000148: 3 (1) Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the
p.000148: decision to the person; and the suspension takes effect when the person receives the notice.
p.000148: (2) The notice may be—
p.000148: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
p.000148: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000148: the third day after the day on which it is posted).
p.000148: (3) The initial period of suspension must not exceed six months.
p.000148: (4) The Secretary of State may review the suspension.
p.000148: (5) The Secretary of State—
p.000148: (a) must review the suspension, if requested in writing by the person to do so, but
p.000148: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000148: suspension.
p.000148: (6) Following a review during a period of suspension, the Secretary of State may—
p.000148: (a) revoke the suspension, or
p.000148: (b) suspend the person for a period of no more than six months from the expiry of the current period.
p.000148: (7) The Secretary of State must revoke the suspension if the Secretary of State—
p.000148: (a) decides that there are no grounds to remove the person from office under paragraph 2(5), or
p.000148: (b) decides that there are grounds to do so but nonetheless decides not to do so.
p.000148: 4 (1) Where a person is suspended from office as the chair under paragraph 2(6), the Secretary of State may
p.000148: appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000148: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000148: (a) the period ending with either—
p.000148: (i) the appointment of a new chair, or
p.000148:
p.000148: Care Act 2014 (c. 23)
p.000148: Schedule 7 — The Health Research Authority Part 1 — Constitution
p.000149: 149
p.000149:
p.000149: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000149: (b) the remainder of the interim chair’s term as a non-executive member.
p.000149: (3) A person who ceases to be the interim chair is eligible for re-appointment.
p.000149: Non-executive members: pay
p.000149: 5 (1) The HRA must pay its non-executive members such remuneration as the Secretary of State may decide.
p.000149: (2) The HRA must pay, or provide for the payment of, such allowances or gratuities as the Secretary of
p.000149: State may decide to a person who is or has been a non-executive member of the HRA.
p.000149: Employees: terms of office
p.000149: 6 (1) Each executive member of the HRA is appointed as an employee of the HRA on such terms as it decides.
p.000149: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000149: (3) The HRA may appoint, on such terms as it decides, other persons as employees of the HRA (in
p.000149: addition to those appointed as executive members).
p.000149: Employees: pay
p.000149: 7 (1) The HRA must pay its employees such remuneration as it decides.
p.000149: (2) The HRA may pay, or provide for the payment of, such pensions, allowances or gratuities as
p.000149: it decides to or in respect of a person who is or has been an employee of the HRA.
p.000149: (3) Before making a decision about pay under this paragraph, the HRA must obtain the approval of the Secretary of
p.000149: State to its policy on the matter.
p.000149: Committees and sub-committees
p.000149: 8 (1) The HRA must appoint a committee for the purpose of giving advice—
p.000149: (a) to the HRA in connection with the exercise of the HRA’s function under regulation 5(1)(a) of the Health
p.000149: Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) (approval for processing
p.000149: confidential patient information);
p.000149: (b) to the Secretary of State in connection with the exercise of the Secretary of State’s functions under
p.000149: regulations 2, 3(4) and 5 of those Regulations (processing of confidential patient information);
p.000149: (c) to the Health and Social Care Information Centre in connection with—
p.000149: (i) the exercise by the Centre of functions conferred in regulations under section 251 of the
p.000149: National Health Service Act 2006 (processing of patient information for medical purposes);
p.000149: (ii) any publication or other dissemination by the Centre of information which is in a form which identifies
p.000149: an individual
p.000149:
p.000150: 150
p.000150: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000150: Part 1 — Constitution
p.000150:
p.000150: to whom the information relates or enables the identity of such an individual to be ascertained.
p.000150: (2) The HRA may appoint other committees and sub-committees.
p.000150: (3) The committee appointed under sub-paragraph (1) must consist of persons who are not members or employees of the
p.000150: HRA.
p.000150: (4) Any other committee or sub-committee may consist of or include such persons.
p.000150: (5) The HRA may pay such remuneration and allowances as it decides to a person who is a member of a
p.000150: committee or sub-committee, but is not an employee of the HRA, regardless of whether the person is a
p.000150: non-executive member of the HRA.
p.000150: 9 Regulations may provide for the committee appointed under paragraph 8(1) to be required, in giving
p.000150: advice, to have regard to specified factors or matters.
p.000150:
p.000150: Procedure
p.000150: 10 (1) The HRA may regulate its own procedure.
p.000150: (2) A vacancy among the members of the HRA, or a defect in the appointment of a member, does not affect the validity
p.000150: of any act of the HRA.
p.000150: Seal and evidence
p.000150: 11 (1) The application of the HRA’s seal must be authenticated by the signature of a member of the HRA or a
p.000150: person who has been authorised (whether generally or specifically) for the purpose.
p.000150: (2) A document purporting to be duly executed under the HRA’s seal or to be signed on its behalf must be received in
p.000150: evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000150: (3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the
p.000150: law of Scotland.
p.000150: Status of the HRA
p.000150: 12 (1) The HRA is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000150: immunity of the Crown.
p.000150: (2) The HRA’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000150:
p.000150: PART 2 FUNCTIONS
p.000150: Exercise of functions
p.000150:
p.000150: 13 (1) The HRA must exercise its functions effectively, efficiently and economically.
p.000150:
p.000150: Care Act 2014 (c. 23)
p.000150: Schedule 7 — The Health Research Authority Part 2 — Functions
p.000151: 151
p.000151:
p.000151: (2) The HRA may arrange for any of its committees, sub-committees or members or any other person (other than
p.000151: a devolved authority) to exercise any of its functions on its behalf.
p.000151: (3) The HRA may arrange for any person to help it in the exercise of its functions (whether in a particular case or in
p.000151: cases of a particular description).
p.000151: (4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the
p.000151: persons with whom the HRA makes the arrangements.
p.000151: (5) The HRA may do anything which appears to it to be necessary or desirable for the purposes of or in connection with
p.000151: the exercise of its functions.
p.000151: Help or advice for other public authorities
p.000151: 14 (1) The HRA may provide help or advice to another public authority for the purpose of the exercise by that
p.000151: authority of its functions.
p.000151: (2) Help or advice under this paragraph may be provided on such terms as the HRA decides (including terms relating
p.000151: to payment of remuneration and allowances).
p.000151: (3) “Public authority”—
p.000151: (a) includes any person certain of whose functions are functions of a public nature, but
p.000151: (b) does not include either House of Parliament or a person exercising functions in connection with proceedings in
p.000151: Parliament.
p.000151: (4) A reference to a public authority—
p.000151: (a) includes a public authority in the Channel Islands or the Isle of Man, but
p.000151: (b) subject to that, does not include a reference to a public authority outside the United Kingdom.
p.000151: Arrangements with devolved authorities
p.000151: 15 (1) The HRA may arrange with a devolved authority for the HRA—
p.000151: (a) to exercise on behalf of the devolved authority any function which corresponds to a function of the HRA;
p.000151: (b) to provide services or facilities in so far as the devolved authority requires them in connection with the
p.000151: exercise of such a function.
p.000151: (2) The terms and conditions on which arrangements under this paragraph may be made include provision for payment to
p.000151: the HRA in respect of its costs in giving effect to the arrangements.
p.000151: Failure to exercise functions
p.000151: 16 (1) If the Secretary of State considers that the HRA is failing or has failed to exercise any of its functions,
p.000151: and that the failure is significant, the Secretary of State may direct the HRA to exercise such of its functions, in
p.000151: such manner and within such period, as the direction specifies.
p.000151: (2) If the HRA fails to comply with a direction under this paragraph, the Secretary of State may—
p.000151: (a) exercise the functions specified in the direction, or
p.000151:
p.000152: 152
p.000152: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority
p.000152: Part 2 — Functions
p.000152:
p.000152: (b) make arrangements for some other person to exercise them on the Secretary of State’s behalf.
p.000152: (3) Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish
p.000152: the reasons for doing so.
p.000152: (4) The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it
p.000152: properly.
p.000152: PART 3 FINANCE AND REPORTS
p.000152: Funding
p.000152: 17 The Secretary of State may, with the consent of the Treasury, make payments to the HRA at such times and
p.000152: on such conditions (if any) as the Secretary of State considers appropriate.
p.000152: Fees and indemnities
p.000152: 18 (1) Regulations may require payment of a fee in relation to the exercise of a specified function of
p.000152: the HRA; and the amount of the fee is to be the amount specified in, or determined in accordance with, the regulations.
p.000152: (2) Where the amount of a fee is to be specified in regulations under this paragraph—
p.000152: (a) the Secretary of State must, before specifying the amount of the fee, have regard to the cost incurred in
p.000152: the exercise of the function to which the fee relates, and
p.000152: (b) the HRA must provide the Secretary of State with such information, in such form, as the Secretary of State may
p.000152: request.
p.000152: (3) Regulations under this paragraph may require the HRA to determine the amount of a fee; and, where they do so, the
p.000152: regulations—
p.000152: (a) must require the HRA, before determining the amount of the fee, to have regard to the cost incurred in
p.000152: the exercise of the function to which the fee relates, and
p.000152: (b) must require the HRA to obtain the approval of the Secretary of State to the proposed amount of the fee.
p.000152: (4) Regulations under this paragraph which provide for the amount of a fee to be determined may specify factors
p.000152: in accordance with which it is to be determined.
p.000152: (5) Regulations under this paragraph may include provision—
p.000152: (a) for determining the time by which a fee is payable;
p.000152: (b) for any unpaid balance to be recoverable as a debt due to the HRA (but for this not to affect any other method
p.000152: of recovery).
p.000152: (6) Before making regulations under this paragraph, the Secretary of State must consult such persons as the Secretary
p.000152: of State considers appropriate.
p.000152: (7) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain
p.000152: authorities from personal liability) has effect as if there were included in the authorities referred to in
p.000152: that section a reference to the HRA.
p.000152:
p.000152: Care Act 2014 (c. 23)
p.000152: Schedule 7 — The Health Research Authority Part 3 — Finance and reports
p.000153: 153
p.000153:
p.000153: (8) In its application to the HRA as a result of sub-paragraph (7), section 265 of that Act has effect as if any
p.000153: reference in that section to that Act were a reference to this Act.
p.000153: (9) In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc. of
p.000153: certain health service bodies), after paragraph (f) insert—
p.000153: “(fa) the Health Research Authority;”.
p.000153: Accounts
p.000153:
p.000153: 19 (1) The HRA must keep accounts in such form as the Secretary of State may determine.
p.000153: (2) The HRA must prepare annual accounts in respect of each financial year in such form as the Secretary of State may
p.000153: determine.
p.000153: (3) The HRA must send copies of the annual accounts to—
p.000153: (a) the Secretary of State, and
p.000153: (b) the Comptroller and Auditor General,
p.000153: within such period after the end of the financial year to which the accounts relate as the Secretary of State may
p.000153: determine.
p.000153: (4) The Comptroller and Auditor General must—
p.000153: (a) examine, certify and report on the annual accounts, and
p.000153: (b) lay copies of them and the report on them before Parliament.
p.000153: (5) In this paragraph and paragraph 20, “financial year” includes the period—
p.000153: (a) beginning with the day on which the HRA is established, and
p.000153: (b) ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the
p.000153: 31 March following that date.
p.000153:
p.000153: Annual report
p.000153: 20 (1) As soon as is feasible after the end of each financial year, the HRA must prepare an annual report on—
p.000153: (a) the activities it has undertaken during the year, and
p.000153: (b) the activities it proposes to undertake during the current financial year.
p.000153: (2) The report must set out the steps the HRA has taken during the year to fulfil its main objective (see section
p.000153: 110(2)).
p.000153: (3) The HRA must—
p.000153: (a) lay a copy of the report before Parliament, and
p.000153: (b) send a copy of it to the Secretary of State.
p.000153: (4) The HRA must provide the Secretary of State with such other reports and information relating to the exercise of
p.000153: its functions as the Secretary of State may request.
p.000153:
p.000154: 154
p.000154:
p.000154:
p.000154:
p.000154: PART 4
p.000154: Care Act 2014 (c. 23) Schedule 7 — The Health Research Authority Part 4 — Consequential amendments
p.000154:
p.000154: CONSEQUENTIAL AMENDMENTS
p.000154: Public Records Act 1958
p.000154:
p.000154: 21 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert—
p.000154: “Health Research Authority.”
p.000154: Public Bodies (Admission to Meetings) Act 1960
p.000154: 22 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bm) (inserted by
p.000154: paragraph 30 of Schedule 5 to this Act) insert—
p.000154: “(bn) the Health Research Authority;”.
p.000154: Parliamentary Commissioner Act 1967
p.000154: 23 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place
p.000154: insert—
p.000154: “Health Research Authority.”
p.000154: House of Commons Disqualification Act 1975
p.000154: 24 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000154: insert—
p.000154: “The Health Research Authority.”
p.000154: Copyright, Designs and Patents Act 1988
p.000154: 25 In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “Health
p.000154: Education England” (inserted by paragraph 33 of Schedule 5 to this Act) insert “, the Health Research Authority”.
p.000154: Freedom of Information Act 2000
p.000154: 26 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate
p.000154: place insert—
p.000154: “The Health Research Authority.”
p.000154: Equality Act 2010
p.000154: 27 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality
p.000154: duty), in the group of entries under the heading “Health, social care and social security”, after the entry for
p.000154: Health Education England (inserted by paragraph 35 of Schedule 5 to this Act) insert—
p.000154: “The Health Research Authority.”
p.000154:
p.000154: Care Act 2014 (c. 23)
p.000154: Schedule 8 — Research ethics committees: amendments
p.000155: 155
p.000155:
p.000155: SCHEDULE 8 Section 113
p.000155: RESEARCH ETHICS COMMITTEES: AMENDMENTS
p.000155: Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)
p.000155: 1 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059), in the
p.000155: definition of “ethics committee”—
p.000155: (a) omit paragraph (a), and
p.000155: (b) for paragraph (c) substitute—
p.000155: “(c) a research ethics committee recognised or established by or on behalf of the Health Research
p.000155: Authority under the Care Act 2014, or
p.000155: (d) any other group of persons which assesses the ethics of research involving individuals and which is
p.000155: recognised for that purpose by or on behalf of the Welsh Ministers or the Scottish Ministers;”.
p.000155: Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)
p.000155: 2 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000
p.000155: (S.R. 2000/194), for the definition of “ethics committee” substitute—
p.000155: ““ethics committee” means a group of persons which assesses the ethics of research involving individuals and
p.000155: which is recognised for that purpose by or on behalf of the Department;”.
p.000155: Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)
p.000155: 3 In regulation 1(2) of the Health Service (Control of Patient Information) Regulations 2002
p.000155: (S.I. 2002/1438), for the definition of “research ethics committee” substitute—
p.000155: ““research ethics committee” means—
p.000155: (a) a research ethics committee recognised or established by or on behalf of the Health Research Authority
p.000155: under the Care Act 2014, or
p.000155: (b) any other group of persons which assesses the ethics of research involving individuals and which is
p.000155: recognised for that purpose by or on behalf of the Welsh Ministers.”
p.000155: Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160)
p.000155: 4 In regulation 2(1) of the Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160), for
p.000155: the definition of “ethics committee” substitute—
p.000155: ““ethics committee” means a group of persons which assesses the ethics of research involving individuals and
p.000155: which is recognised for that purpose by or on behalf of the Department of Health, Social Services
p.000155: and Public Safety;”.
p.000155:
p.000156: 156
p.000156: Care Act 2014 (c. 23) Schedule 8 — Research ethics committees: amendments
p.000156:
p.000156: Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161)
p.000156: 5 In regulation 2(1) of the Residential Care Homes Regulations (Northern Ireland) 2005 (S.R.
p.000156: 2005/161), for the definition of “ethics committee” substitute—
p.000156: ““ethics committee” means a group of persons which assesses the ethics of research involving individuals and
p.000156: which is recognised for that purpose by or on behalf of the Department of Health, Social Services
p.000156: and Public Safety;”.
...
p.000156: ““ethics committee” means a group of persons which assesses the ethics of research involving individuals and
p.000156: which is recognised for that purpose by or on behalf of the Department of Health, Social Services
p.000156: and Public Safety;”.
p.000156:
p.000156: Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order
p.000156: 2006 (S.S.I. 2006/310)
p.000156:
p.000156: 7 In article 1(2) of the Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes
p.000156: (Specified Purposes) (Scotland) Order 2006 (S.S.I. 2006/310), for the definition of “appropriate Research
p.000156: Ethics Committee” substitute—
p.000156: ““appropriate Research Ethics Committee” means a group of persons which assesses the ethics of research
p.000156: involving individuals and which is recognised for that purpose by or on behalf of the Scottish Ministers;”.
p.000156:
p.000156: Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants)
p.000156: Regulations 2006 (S.I. 2006/1260)
p.000156:
p.000156: 8 In regulation 1(2) of the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing
p.000156: and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260), for the definition of “research
p.000156: ethics authority” substitute—
p.000156: ““research ethics authority” means—
p.000156: (a) a research ethics committee recognised or established by or on behalf of the Health Research Authority
p.000156: under the Care Act 2014, or
p.000156: (b) any other group of persons which assesses the ethics of research involving individuals and which is
p.000156: recognised for that purpose by or on behalf of the Welsh Ministers or the Department of Health, Social
p.000156: Services and Public Safety in Northern Ireland.”
p.000156: Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810)
p.000156: 9 In regulation 2 of the Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006
p.000156: (S.I. 2006/2810) (definition of “appropriate body”), for the words from “is a committee” to the end
p.000156: substitute “is a
p.000156:
p.000156: Care Act 2014 (c. 23)
p.000156: Schedule 8 — Research ethics committees: amendments
p.000157: 157
p.000157:
p.000157: research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care Act
p.000157: 2014.”
p.000157: Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833)
p.000157: 10 In regulation 2 of the Mental Capacity 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I.
p.000157: 2007/833) (definition of “appropriate body”), for the words from “is a committee” to the end substitute “is a group of
p.000157: persons which assesses the ethics of research involving individuals and which is recognised for that purpose
p.000157: by or on behalf of the Welsh Ministers.”
p.000157:
p.000157: Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 (S.I. 2010/995)
p.000157:
p.000157: 11 In regulation 2(1) of the Human Fertilisation and Embryology (Disclosure of Information for Research
p.000157: Purposes) Regulations 2010 (S.I. 2010/995), for the definition of “research ethics committee” substitute—
p.000157: ““research ethics committee” means a research ethics committee recognised or established by or on behalf of the
p.000157: Health Research Authority under the Care Act 2014;”.
p.000157: Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734)
p.000157: 12 In regulation 25 of the Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734) (research), in
p.000157: paragraph (2) for the words from “a research ethics committee” to the end substitute “a group of persons which assesses
p.000157: the ethics of research involving individuals and which is recognised for that purpose by or on behalf of the Welsh
p.000157: Ministers.”
p.000157:
p.000157:
p.000157:
p.000157:
p.000157: ? Crown copyright 2014
p.000157:
p.000157: Printed in the UK by The Stationery OYce Limited under the authority and superintendence of Carol Tullo, Controller of
p.000157: Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament
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p.000157:
p.000157: Published by TSO (The Stationery Office) and available from:
p.000157: Online www.tsoshop.co.uk
p.000157: Mail, Telephone, Fax & E-mail
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p.000157: PO Box 29, Norwich, NR3 1GN
p.000157: Telephone orders/General enquiries: 0870 600 5522
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...
Orphaned Trigger Words
p.000047: Secretary of State is satisfied that certain registered care providers are already subject to a regulatory regime
p.000047: comparable to that provided for by sections 55 and 56; and regulations made in such circumstances
p.000047: may, for example, make provision requiring specified persons to co-operate or to share information of a specified
p.000047: description.
p.000047: (7) “Social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008.
p.000047:
p.000048: 48
p.000048: Care Act 2014 (c. 23)
p.000048: Part 1 — Care and support
p.000048:
p.000048: 54 Determining whether criteria apply to care provider
p.000048: (1) The Care Quality Commission must determine, in the case of each registered care provider, whether the
p.000048: provider satisfies one or more of the criteria specified in regulations under section 53.
p.000048: (2) If the Commission determines that the provider satisfies one or more of the criteria, section 55 applies to
p.000048: that provider unless, or except in so far as, regulations under section 53(4) provide that it does not apply.
p.000048: (3) Where section 55 applies to a registered care provider (whether as a result of subsection (2) or as a result of
p.000048: regulations under section 53(5)), the Commission must inform the provider accordingly.
p.000048:
p.000048: 55 Assessment of financial sustainability of care provider
p.000048: (1) Where this section applies to a registered care provider, the Care Quality Commission must assess the
p.000048: financial sustainability of the provider’s business of carrying on the regulated activity in respect of which it is
p.000048: registered.
p.000048: (2) Where the Commission, in light of an assessment under subsection (1), considers that there is a
p.000048: significant risk to the financial sustainability of the provider’s business, it may—
p.000048: (a) require the provider to develop a plan for how to mitigate or eliminate the risk;
p.000048: (b) arrange for, or require the provider to arrange for, a person with appropriate professional expertise
p.000048: to carry out an independent review of the business.
p.000048: (3) Where the Commission imposes a requirement on a care provider under subsection (2)(a), it may also
p.000048: require the provider—
p.000048: (a) to co-operate with it in developing the plan, and
p.000048: (b) to obtain its approval of the finalised plan.
p.000048: (4) Where the Commission arranges for a review under subsection (2)(b), it may recover from the provider such costs
p.000048: as the Commission incurs in connection with the arrangements (other than its administrative costs in making
p.000048: the arrangements).
p.000048: (5) Regulations may make provision for enabling the Commission to obtain from such persons as it considers
p.000048: appropriate information which the Commission believes will assist it to assess the financial sustainability of a
p.000048: registered care provider to which this section applies.
p.000048: (6) Regulations may make provision about the making of the assessment required by subsection (1).
p.000048: (7) The Commission may consult such persons as it considers appropriate on the method for assessing the financial
p.000048: sustainability of a registered care provider’s business; and, having done so, it must publish guidance on the
p.000048: method it expects to apply in making the assessment.
p.000048:
p.000048: 56 Informing local authorities where failure of care provider likely
p.000048: (1) This section applies where the Care Quality Commission is satisfied that a registered care provider
p.000048: to which section 55 applies is likely to become unable
p.000048:
p.000048: Care Act 2014 (c. 23)
p.000049: 49
p.000049: Part 1 — Care and support
p.000049:
p.000049: to carry on the regulated activity in respect of which it is registered because of business failure as mentioned in
p.000049: section 48.
p.000049: (2) The Commission must inform the local authorities which it thinks will be required to carry out
p.000049: the duty under section 48(2) if the provider becomes unable to carry on the regulated activity in question.
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| age | Age |
| asylum | Refugee Status |
| authority | Relationship to Authority |
| child | Child |
| children | Child |
| conviction | Religion |
| criminal | criminal |
| dependence | Drug Dependence |
| detained | person in detention center |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| displaced | displaced |
| education | education |
| employees | employees |
| family | Motherhood/Family |
| freedomXofXinformation | Access to information |
| home | Property Ownership |
| ill | ill |
| illness | Physically Disabled |
| impaired | Cognitive Impairment |
| impairment | Cognitive Impairment |
| incapacity | Incapacitated |
| language | Linguistic Proficiency |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| parents | parents |
| party | political affiliation |
| police | Police Officer |
| prison | Incarcerated |
| prisoners | Criminal Convictions |
| property | Property Ownership |
| restricted | Incarcerated |
| sick | Physically Ill |
| substance | Drug Usage |
| terminally | Terminally Ill |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| child | ['children'] |
| children | ['child'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| home | ['property'] |
| impaired | ['impairment'] |
| impairment | ['impaired'] |
| officer | ['police'] |
| parent | ['parents'] |
| parents | ['parent'] |
| police | ['officer'] |
| prison | ['restricted'] |
| property | ['home'] |
| restricted | ['prison'] |
Trigger Words
capacity
consent
developing
ethics
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input