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

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Health and Social Care (Community Health and Standards) Act 2003. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. The Act

  4. Territorial Application: Wales

  5. Commentary on Sections

    1. Part 1 – Nhs Foundation Trusts

      1. Introductory

        1. Section 1: NHS foundation trusts

        2. Section 2: Independent Regulator of NHS foundation trusts

        3. Section 3: General duty of regulator

      2. Authorisation

        1. Section 4: Applications by NHS trusts

        2. Section 5: Other applications

        3. Section 6: Authorisation of NHS foundation trusts

        4. Section 7: Effect of authorisation

        5. Section 8: Amendments of constitution

        6. Section 9: Variation of authorisation

        7. Section 10: Register of NHS foundation trusts

      3. Financial matters

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

        2. Section 12: Prudential borrowing code

        3. Section 13: Public dividend capital

      4. Functions

        1. Section 14: Authorised services

        2. Section 15: Private health care

        3. Section 16: Protection of property

        4. Section 17: Financial powers

        5. Section 18: General powers

        6. Section 19: Information

        7. Section 20: Entry and inspection of premises

        8. Section 21: Fees

        9. Section 22: Trust funds and trustees

      5. Failure

        1. Section 23: Failing NHS foundation trusts

        2. Section 24: Voluntary arrangements

        3. Section 25: Dissolution etc.

        4. Section 26: Sections 24 and 25: supplementary

      6. Mergers

        1. Section 27: Mergers

        2. Section 28: Section 27: supplementary

      7. Co-operation

        1. Section 29: Co-operation between NHS bodies

      8. Patient and public involvement

        1. Section 30: Public involvement and consultation

        2. Section 31: Patients’ Forums

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

      9. Miscellaneous

        1. Section 33: Taxation

        2. Section 34: Other amendments relating to NHS foundation trusts

        3. Section 35: Conduct of elections

        4. Section 36: Offence

        5. Section 37: Representative membership

        6. Section 38: Audit

        7. Section 39: General duty of NHS foundation trusts

      10. Supplementary

        1. Section 40: Interpretation of Part 1

    2. Part 2 –Standards

      1. Chapter 1 – Regulatory Bodies

        1. Sections 41 and 42: The Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection

          1. Reviews of NHS health care in England and Wales – overview

      2. Chapter 2 - Nhs Health Care: Introductory

        1. Section 45: Quality in health care

        2. Section 46: Standards set by Secretary of State

        3. Section 47: Standards set by the Assembly

      3. Chapter 3 - Nhs Health Care: Functions of Chai

        1. Healthcare provided by and for NHS bodies

          1. Section 48: Introductory

          2. Section 49: National Performance Data

          3. Section 50: Annual Reviews

          4. Section 51: Reviews: England and Wales

          5. Section 52: Reviews and Investigations: England

          6. Section 53: Failings

          7. Section 54: Functions relating to the Secretary of State and Assembly

          8. Section 55: Reviews of data

          9. Section 56: Co-ordination of reviews

        2. Other functions

          1. Section 57: Studies as to economy, efficiency etc

          2. Section 58: Additional functions

        3. Supplementary

          1. Section 59: Criteria

          2. Section 62: Fees and section 63:Fees: Wales

          3. Section 66: Right of entry

          4. Section 67: Right of entry: supplementary

          5. Section 68: Power to require documents and information

          6. Section 69: Power to require explanation

      4. Chapter 4 – Nhs Health Care: Functions of National Assembly for Wales

        1. Reviews and investigations

          1. Section 70: Reviews and investigations relating to Wales

          2. Section 71: Reporting to Secretary of State and the Regulator

        2. Ancillary powers

          1. Section 72: Right of entry, section 73: Right of entry: supplementary, section 74: Power to require documents and information and section 75: Power to require explanation

      5. Chapter 5 – Social Services: Functions of Csci

        1. Provision of social services

          1. Section 76: Introductory

          2. Section 77: Information and advice

          3. Section 78: Review of studies and research

          4. Section 79: Annual Reviews

          5. Section 80: Other reviews and investigations

          6. Section 81: Failings

        2. Other functions

          1. Section 82: Studies as to economy, efficiency etc.

          2. Section 83: Joint working with the Audit Commission

          3. Section 84: Additional functions

        3. Supplementary

          1. Section 85: Criteria

          2. Section 86: Fees and section 87: Reports and information

          3. Section 88: Right of entry

          4. Section 89: Right of entry: supplementary

          5. Section 90: Power to require information etc

          6. Section 91: Power to require explanation

      6. Chapter 6 – Social Services: Functions of National Assembly for Wales

        1. Provision of social services

          1. Section 92: General function

          2. Section 93: Reviews of studies and research

          3. Section 94: Reviews and investigations

          4. Section 95: Studies as to economy, efficiency etc

          5. Section 96: Additional Functions

          6. Section 97: General considerations

        2. Ancillary powers

          1. Section 98: Right of Entry, section 99: Right of entry: supplementary, section 100: Power to require information, section 101: Power to require explanation

      7. Chapter 7 – Functions under the Care Standards Act 2000

        1. Functions of CHAI and CSCI

          1. Section 102: Transfer of functions to CHAI and CSCI

          2. Section 105: Fees

        2. Miscellaneous

          1. Section 106: Meaning of “independent medical agency”

          2. Section 107: Children’s homes providing secure accommodation

          3. Section 108: Information and inspection

          4. Section 109: Assembly: duties relating to children

      8. Chapter 8 – Other Functions of Csci

        1. Section 110: Boarding schools and colleges

        2. Section 111: Boarding schools and colleges: reports

        3. Section 112: Secure training centres

      9. Chapter 9 - Complaints

        1. Section 113: Complaints about health care

        2. Section 114: Complaints about social services

        3. Section 115: Complaints regulations: supplementary

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

        5. Section 117: Representations relating to special guardianship support services

        6. Section 118: Complaints about handling of complaints

        7. Section 119: Complaints: data protection

      10. Chapter 10 – Supplementary and General

        1. Joint working

          1. Section 120: Co-operation etc

          2. Section 121: Reviews and investigations

          3. Section 122: Joint Annual Reviews

          4. Section 123: Power to assist

        2. Arrangements with public authorities

          1. Section 124: Arrangements with Ministers etc: CHAI

          2. Section 125: Arrangements with Ministers etc: CSCI

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

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

          5. Reports

            1. Section 128: Reports: CHAI

            2. Section 129: Reports: CSCI

        3. Relationship with Government

          1. Section 130: Duty to have regard to government policy: CHAI; and section 131: Duty to have regard to government policy: CSCI

          2. Section 132: Failure in discharge of functions: CHAI; and section 133: Failure in discharge of functions: CSCI

        4. Inquiries

          1. Section 134: Inquiries: CHAI

          2. Section 135: Inquiries: CSCI

        5. Information

          1. Section 136: Disclosure of information obtained by CHAI; and section 137: defence

          2. Section 138: Information obtained by CHAI: supplementary

          3. Section 139: Information obtained by CSCI: Supplementary

          4. Section 140: Code of Practice CHAI and section 141: Code of Practice CSCI

        6. Wales: Supplementary

          1. Section 142: Annual reports of Assembly

          2. Section 143: Use by the Assembly of information

          3. Section 144: Inquiries: Wales

          4. Section 145: Co-operation between Assembly and CHAI

        7. General

          1. Section 146: Offences by bodies corporate

          2. Section 147: Minor and consequential amendments

    3. Part 3 - Recovery of Nhs Charges

      1. NHS Charges

        1. Section 150: Liability to pay NHS charges

      2. Certificates of NHS charges

        1. Section 151: Applications for certificates of NHS charges, section 152: section 151: supplementary, and section 153: Information contained in certificates

      3. Recovery of NHS charges

        1. Section 154: Payment of NHS charges

        2. Section 155: Recovery of NHS charges

      4. Review and appeal

        1. Section 156: Review of certificates

        2. Sections 157 to 159: Appeal against a certificate or a waiver decision; Appeal tribunals; and Appeal to Social Security Commissioner

      5. Information

        1. Section 160: Provision of information

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

      6. Payments to hospitals or ambulance trusts

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

      7. Miscellaneous and general

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

        2. Section 164:  Liability of insurers

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

        4. Section 166: The Crown

    4. Part 4 – Dental and Medical Services

      1. Primary dental services

        1. Section 170: Provision of primary dental services

        2. Section 171: Dental public health

        3. Section 172: General dental services contracts

        4. Section 173: General dental services: transitional

      2. Primary Medical Services

        1. Section 174: Provision of Primary Medical Services

        2. Section 175: General Medical Services contracts

        3. Section 176: General medical services: transitional

      3. Primary dental and medical services: supplementary

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

        2. Section 178: Abolition of pilot schemes

        3. Section 179: Persons performing primary medical and dental services

        4. Section 180: Assistance and support

      4. Dental services: miscellaneous

        1. Section 181: Abolition of Dental Practice Board

        2. Section 182: Special Health Authorities

        3. Section 183: Charges for dental services

      5. General

        1. Section 184: Minor and consequential amendments

    5. Part 5  - Miscellaneous

      1. Welfare Food Scheme

        1. Section 185: Replacement of the Welfare Food Schemes

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

      2. Appointments and employment

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

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

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

      3. Public Health Laboratory Service

        1. Section 190: Abolition of the Public Health Laboratory Service Board

    6. Part 6 – Final Provisions

      1. Section 195: Orders and regulations

  6. Commencement

    1. Section 199: Commencement

  7. ANNEX A:OUTLINE OF THE EXISTING LAW RELATING TO THE NHS

  8. ANNEX B:CURRENT LAW RELATING TO SOCIAL CARE

  9. ANNEX C:TABLE OF EFFECTS OF THE ACT IN RELATION TO WALES

  10. ANNEX D:HANSARD REFERENCES

  • Explanatory Notes Table of contents

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Explanatory Notes

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