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

GeneralE+W

146Offences by bodies corporateE+W

(1)This section applies where any offence under this Part is committed by a body corporate.

(2)If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)any director, manager, or secretary of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3)The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a)to any other similar officer of the body; and

(b)where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.

147Minor and consequential amendmentsE+W

Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.

148Interpretation of Part 2E+W

In this Part—

• F1...

• F2...

• “cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;

• F3...

• “English local authority social service” means—

  (a)

  a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;

  (b)

  a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;

  (c)

  a service which—

  (i)

  is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) [F4or section 1 of the Localism Act 2011]; and

  (ii)

  is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions

  [F5but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006].

• “English NHS body” means—

  (a)

  F6...

  (b)

  F7...

  (c)

  an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

  (ca)

  [F8NHS England];

  (cb)

  [F9an integrated care board;]

  (d)

  an NHS foundation trust;

  (e)

  a Special Health Authority performing functions only or mainly in respect of England;

• F10...

• “health care” has the meaning given by section 45(2);

• “local authority”[F11 —

  (a)

  in relation to England,] has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);

  (b)

  [F12in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014]

• F13...

• “NHS body” means—

  (a)

  an English NHS body;

  (b)

  a Welsh NHS body;

  (c)

  a cross-border SHA;

• “NHS trust” has the same meaning as in [F14the 2006 Act];

• “personal records” includes medical records;

• “prescribed” means prescribed by regulations made by—

  (a)

  the Secretary of State;

  (b)

  in the case of sections 63, 75 and 101, the Assembly;

• “regulator” means the Independent Regulator of NHS Foundation Trusts;

• [F15“social services functions” in relation to —

  (a)

  a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—

  (i)

  functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or

  (ii)

  functions prescribed by regulations under section 135(1)(f) of that Act;

  (b)

  a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;]

• “ Welsh local authority social service ” means—

  (a)

  a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;

  (b)

  a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;

  (c)

  a service which—

  (i)

  is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and

  (ii)

  is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;

• “ Welsh NHS body ” means—

  (a)

  a Local Health Board;

  (b)

  an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;

  (c)

  a Special Health Authority performing functions only or mainly in respect of Wales.