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Royal arms

Health and Social Care Act 2008

2008 CHAPTER 14

CONTENTS

Go to Preamble

  1. Part 1

    The Care Quality Commission

    1. Chapter 1

      Introductory

      1. 1. The Care Quality Commission

      2. 2. The Commission’s functions

      3. 3. The Commission’s objectives

      4. 4. Matters to which the Commission must have regard

      5. 5. Statement on user involvement

      6. 6. Transfers of property, rights and liabilities

      7. 7. Meaning of “health and social care services” in Chapter 1

    2. Chapter 2

      Registration in respect of provision of health or social care

      1. Introductory

        1. 8. “Regulated activity”

        2. 9. “Health or social care”

      2. Registration of persons carrying on regulated activities

        1. 10. Requirement to register as a service provider

        2. 11. Applications for registration as a service provider

        3. 12. Grant or refusal of registration as a service provider

      3. Registration of managers

        1. 13. Condition requiring registered manager

        2. 14. Applications for registration as a manager

        3. 15. Grant or refusal of registration as a manager

      4. Further provision about registration as a service provider or manager

        1. 16. Regulations about registration

        2. 17. Cancellation of registration

        3. 18. Suspension of registration

        4. 19. Applications by registered persons

      5. Regulation, code of practice and guidance

        1. 20. Regulation of regulated activities

        2. 21. Code of practice relating to health care associated infections

        3. 22. Consultation etc. in relation to code of practice under s. 21

        4. 23. Guidance as to compliance with requirements

        5. 24. Consultation in relation to guidance under s. 23

        6. 25. Effect of code under s. 21 and guidance under s. 23

      6. Registration procedure

        1. 26. Notice of proposals

        2. 27. Right to make representations

        3. 28. Notice of decisions

        4. 29. Warning notice

        5. 30. Urgent procedure for cancellation

        6. 31. Urgent procedure for suspension, variation etc.

        7. 32. Appeals to the Tribunal

      7. Offences

        1. 33. Failure to comply with conditions

        2. 34. Offences relating to suspension or cancellation of registration

        3. 35. Contravention of regulations

        4. 36. False description of concerns, premises etc.

        5. 37. False statements in applications

      8. Information to be available to public

        1. 38. Provision of copies of registers

      9. Miscellaneous

        1. 39. Bodies required to be notified of certain matters

        2. 40. Periodic returns

        3. 41. Liquidators etc.

        4. 42. Death of registered person

      10. Power to modify provisions of Chapter

        1. 43. Power to modify Chapter in relation to newly regulated activities

      11. Interpretation

        1. 44. Interpretation of Chapter 2

    3. Chapter 3

      Quality of health and social care

      1. Health care standards

        1. 45. Standards set by Secretary of State

      2. Reviews and investigations

        1. 46. Periodic reviews

        2. 47. Frequency and period of review

        3. 48. Special reviews and investigations

        4. 49. Power to extend periodic review function

        5. 50. Failings by English local authorities

        6. 51. Failings by Welsh NHS bodies

    4. Chapter 4

      Functions under Mental Health Act 1983

      1. 52. Transfer and amendment of functions under Mental Health Act 1983

    5. Chapter 5

      Further functions

      1. 53. Information and advice

      2. 54. Studies as to economy, efficiency etc.

      3. 55. Publication of results of studies under s. 54

      4. 56. Role of Audit Commission

      5. 57. Reviews of data, studies and research

      6. 58. Publication of information

      7. 59. Additional functions

    6. Chapter 6

      Miscellaneous and General

      1. Inspections

        1. 60. Inspections

        2. 61. Inspections carried out for registration purposes

      2. Powers of entry etc.

        1. 62. Entry and inspection

        2. 63. Entry and inspection: supplementary

        3. 64. Power to require documents and information etc.

        4. 65. Power to require explanation

      3. Interaction with other authorities

        1. 66. Interaction with other authorities

        2. 67. Co-ordination of reviews or assessments

        3. 68. Avoidance of unreasonable burdens in exercise of regulatory powers

        4. 69. Co-operation between the Commission and Welsh Ministers

        5. 70. Co-operation between the Commission and the Independent Regulator of NHS Foundation Trusts

        6. 71. Provision of information by Auditor General for Wales

        7. 72. Provision of material to the Comptroller and Auditor General

        8. 73. Arrangements with Ministers

        9. 74. Arrangements with Northern Ireland Ministers

      4. Inquiries

        1. 75. Inquiries

      5. Information

        1. 76. Disclosure of confidential personal information: offence

        2. 77. Defence

        3. 78. Use of information etc.

        4. 79. Permitted disclosures

        5. 80. Code of practice on confidential personal information

      6. Further provisions about functions of Commission

        1. 81. Publication of programme of reviews etc.

        2. 82. Failure by the Commission in discharge of its functions

        3. 83. Reports for each financial year etc.

        4. 84. Reports and information

      7. Fees

        1. 85. Fees

      8. Enforcement

        1. 86. Penalty notices

        2. 87. Penalty notices: supplementary provision

        3. 88. Guidance by the Commission in relation to enforcement action

        4. 89. Publication of information relating to enforcement action etc.

        5. 90. Proceedings for offences

        6. 91. Offences by bodies corporate

        7. 92. Unincorporated associations

      9. Service of documents

        1. 93. Service of documents

        2. 94. Electronic communications

      10. Further amendments

        1. 95. Further amendments relating to Part 1

      11. Crown application

        1. 96. Application of Part 1 to Crown

      12. Interpretation

        1. 97. General interpretation of Part 1

  2. Part 2

    Regulation of health professions and health and social care workforce

    1. The Office of the Health Professions Adjudicator

      1. 98. The Office of the Health Professions Adjudicator

      2. 99. Functions under Medical Act 1983 and Opticians Act 1989

      3. 100. Fitness to practise panels

      4. 101. Lists of persons eligible for membership of fitness to practise panels

      5. 102. Further provisions about listed persons

      6. 103. Legal assessors

      7. 104. Clinical and other specialist advisers

      8. 105. Procedural rules

      9. 106. Administration of oaths and issuing of witness summonses etc.

      10. 107. Duty to inform the public

      11. 108. Duty to consult

      12. 109. OHPA rules: supplementary

      13. 110. Fees payable by General Medical Council and General Optical Council

    2. Amendments of Part 3 of Health Act 1999

      1. 111. Extension of powers under s. 60 of Health Act 1999

      2. 112. Standard of proof in fitness to practise proceedings

    3. The Council for Healthcare Regulatory Excellence

      1. 113. The Council for Healthcare Regulatory Excellence

      2. 114. Constitution etc. of Council

      3. 115. Powers and duties of Council

      4. 116. Powers of Secretary of State and devolved administrations

      5. 117. Duty to inform and consult the public

      6. 118. Reference of cases by Council to court

    4. Conduct and performance of medical practitioners and other health care workers

      1. 119. Responsible officers and their duties relating to medical profession

      2. 120. Additional responsibilities of responsible officers: England and Wales and Northern Ireland

      3. 121. Co-operation between prescribed bodies

      4. 122. Ss. 120 and 121: Crown application

    5. Hearing Aid Council

      1. 123. Dissolution of Hearing Aid Council

    6. Regulation of social care workforce

      1. 124. Regulation of social care workers

      2. 125. Standard of proof in proceedings relating to registration of social care worker

    7. Approved mental health professionals

      1. 126. Education and training of approved mental health professionals

    8. General

      1. 127. Further amendments relating to Part 2

      2. 128. Interpretation of Part 2

  3. Part 3

    Public health protection

    1. 129. Public health protection

    2. 130. Further amendments relating to public health protection

  4. Part 4

    Health in pregnancy grant

    1. England, Wales and Scotland

      1. 131. Entitlement: Great Britain

      2. 132. Administration: Great Britain

      3. 133. Penalty: Great Britain

    2. Northern Ireland

      1. 134. Entitlement: Northern Ireland

      2. 135. Administration: Northern Ireland

      3. 136. Penalty: Northern Ireland

      4. 137. Northern Ireland: health in pregnancy grant to be excepted matter

    3. General and supplementary

      1. 138. General and supplementary

  5. Part 5

    Miscellaneous

    1. Amendments relating to National Health Service

      1. 139. Duty of Primary Care Trusts

      2. 140. Pharmaceutical services

      3. 141. Remuneration for persons providing pharmaceutical services

      4. 142. Indemnity schemes in connection with provision of health services

    2. Weighing and measuring of children

      1. 143. Weighing and measuring of children: England

      2. 144. Weighing and measuring of children: Wales

    3. Social care

      1. 145. Human Rights Act 1998: provision of certain social care to be public function

      2. 146. Direct payments in lieu of provision of care services

      3. 147. Abolition of maintenance liability of relatives

      4. 148. Ordinary residence for certain purposes of National Assistance Act 1948 etc.

    4. Financial assistance related to provision of health or social care services

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

      2. 150. Qualifying bodies

      3. 151. Forms of assistance under s. 149

      4. 152. Terms on which assistance under s. 149 is given

      5. 153. Directions to certain NHS bodies

      6. 154. Arrangements with other third parties

      7. 155. Power to form company

      8. 156. Interpretation of group of sections

    5. National Information Governance Board for Health and Social Care

      1. 157. National Information Governance Board for Health and Social Care

      2. 158. Duty to consult Board in relation to regulations about patient information

    6. Functions of Health Protection Agency in relation to biological substances

      1. 159. Functions of Health Protection Agency in relation to biological substances

    7. Further amendments

      1. 160. Minor and consequential amendments relating to Part 5

  6. Part 6

    General

    1. 161. Orders, regulations and directions: general provisions

    2. 162. Orders and regulations: Parliamentary control

    3. 163. Orders and regulations: control by National Assembly for Wales

    4. 164. Regulations: control by Northern Ireland Assembly

    5. 165. Directions

    6. 166. Repeals

    7. 167. Power to make transitional and consequential provision etc.

    8. 168. Financial provisions

    9. 169. Extent

    10. 170. Commencement

    11. 171. The appropriate authority by whom commencement order is made

    12. 172. Consultation in relation to commencement

    13. 173. Short title

    1. Schedule 1

      The Care Quality Commission

    2. Schedule 2

      Transfers of property and staff etc.

    3. Schedule 3

      Amendments of Mental Health Act 1983

    4. Schedule 4

      Interaction with other authorities

      1. Part 1

        Interpretation

      2. Part 2

        Exercise of functions

    5. Schedule 5

      Further amendments relating to Part 1

      1. Part 1

        Amendments of Care Standards Act 2000

      2. Part 2

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

      3. Part 3

        Amendments of other Acts

    6. Schedule 6

      The Office of the Health Professions Adjudicator

    7. Schedule 7

      Adjudication functions under Medical Act 1983 and Opticians Act 1989

      1. Part 1

        Amendments of Medical Act 1983

      2. Part 2

        Amendments of Opticians Act 1989

    8. Schedule 8

      Extension of powers under s. 60 of Health Act 1999

    9. Schedule 9

      Regulation of social care workers

    10. Schedule 10

      Further amendments relating to Part 2

    11. Schedule 11

      Public health protection: further amendments

    12. Schedule 12

      Funding of expenditure in connection with provision of pharmaceutical services

      1. Part 1

        England

      2. Part 2

        Wales

    13. Schedule 13

      Transitional provisions relating to s. 147

    14. Schedule 14

      Further amendments relating to Part 5

    15. Schedule 15

      Repeals and revocations

      1. Part 1

        Repeals and revocations relating to Part 1

      2. Part 2

        Regulation of healthcare professions

      3. Part 3

        Public health protection

      4. Part 4

        National Health Service

      5. Part 5

        Abolition of maintenance liability of relatives

      6. Part 6

        Establishment of National Information Governance Board

      7. Part 7

        Abolition of National Biological Standards Board

An Act to establish and make provision in connection with a Care Quality Commission; to make provision about health care (including provision about the National Health Service) and about social care; to make provision about reviews and investigations under the Mental Health Act 1983; to establish and make provision in connection with an Office of the Health Professions Adjudicator and make other provision about the regulation of the health care professions; to confer power to modify the regulation of social care workers; to amend the Public Health (Control of Disease) Act 1984; to provide for the payment of a grant to women in connection with pregnancy; to amend the functions of the Health Protection Agency; and for connected purposes.

[21st July 2008]

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

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