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

Part 5 U.K.Miscellaneous

Welfare Food SchemesU.K.

185Replacement of the Welfare Food Schemes: Great BritainE+W+S

(1)In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—

“13Benefits under schemes for improving nutrition: pregnant women, mothers and children

(1)Regulations may establish one or more schemes to provide benefits for prescribed descriptions of—

(a)pregnant women,

(b)mothers, and

(c)children,

with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description.

(2)Before establishing, or varying, a scheme the Secretary of State must consult the Scottish Ministers and the National Assembly for Wales (“the Assembly”).

(3)A scheme may, in particular, specify requirements that must be satisfied—

(a)before a person may become entitled to a benefit;

(b)for a beneficiary to remain entitled to a continuing benefit.

(4)A scheme may also include provision—

(a)for a benefit to consist of food of a prescribed description being provided by—

(i)a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme;

(ii)a person providing a service (such as day care) for the recipient of the benefit; or

(iii)a health service body;

(b)for the use of vouchers, or similar arrangements, in connection with the provision of benefits;

(c)that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme;

(d)for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme;

(e)for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme;

(f)for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme;

(g)for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed;

(h)requiring prescribed categories of persons to take reasonable steps to provide—

(i)to a person authorised for the purpose in accordance with the scheme,

(ii)on production, if required, of evidence of his authority,

such information or evidence as may be reasonably needed in connection with administering the scheme.

(5)Provision of a kind mentioned in subsection (4)(h) may, in particular—

(a)require information or evidence to be provided in a legible form;

(b)authorise the taking of copies or making of extracts;

(c)require an explanation by the information provider of anything which he has provided;

(d)require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held.

(6)The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly.

(7)The Secretary of State may give such directions—

(a)to a body administering a scheme (or part of a scheme),

(b)in relation to matters relating to the operation of the scheme (or that part of the scheme),

as he considers appropriate.

(8)The Assembly may, with the agreement of the Secretary of State, give such directions—

(a)to a body administering a scheme (or part of a scheme),

(b)in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales,

as it considers appropriate.

(9)A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed.

(10)The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(11)In this section—

• “benefit”, in relation to a scheme, means a benefit under the scheme;

• “children” has such meaning as may be prescribed;

• “enactment” includes an Act of the Scottish Parliament and a provision made under an enactment;

• “food” includes vitamins, minerals and other dietary supplements;

• “health service body” has such meaning as may be prescribed;

• “information provider” means the person who is required to provide information or, where that person is a body corporate, any person who is, or at any time has been, an officer or employee of the body corporate;

• “pregnant” includes recently pregnant;

• “prescribed” means prescribed by regulations;

• “regulations”, except in subsection (6), means regulations made by the Secretary of State;

• “scheme” means a scheme made under this section;

• “women” includes persons under the age of 18.”

(2)In section 15A of that Act—

(a)in subsection (2), after the first “instrument” insert “ made by the Secretary of State ”; and

(b)omit subsection (3).

186Replacement of the Welfare Food Schemes: Northern IrelandE+W+N.I.

An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 185 above—

(a)is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)is subject to annulment in pursuance of a resolution of either House of Parliament.

Appointments and employmentU.K.

189Validity of clearance for employment in certain NHS postsE+W

(1)In section 7 of the Protection of Children Act 1999 (c. 14) (effect of inclusion of person on lists relating to suitability for child care positions) after subsection (3) there are inserted the following subsections—

“(3A)This section does not apply in relation to an offer of relevant NHS employment if each of the following paragraphs applies in respect of the individual to whom the offer is made—

(a)at the time the offer is made he is employed by an NHS body;

(b)that NHS body has ascertained that he is not included in the list kept under section 1 above or (during the period that he is employed by that body) another NHS body or an employment agency or employment business has ascertained that he is not included in the list;

(c)subsection (1A) (inserted by paragraph 26(2) of Schedule 4 to the Care Standards Act 2000) does not apply to him;

(d)he accepts the offer and for so long as he is employed in the employment to which the offer relates paragraph (c) applies.

(3B)Relevant NHS employment is employment in a child care position with an NHS body.

(3C)Each of the following is an NHS body—

(a)a National Health Service trust;

(b)a Strategic Health Authority;

(c)an NHS foundation trust;

(d)a Health Authority;

(e)a Local Health Board;

(f)a Special Health Authority;

(g)a Primary Care Trust.”

(2)In section 89 of the Care Standards Act 2000 (c. 14) (effect of inclusion of person on lists relating to suitability for care positions) after subsection (4) there are inserted the following subsections—

“(4A)This section does not apply in relation to an offer of relevant NHS employment if each of the following paragraphs applies in respect of the individual to whom the offer is made—

(a)at the time the offer is made he is employed by an NHS body;

(b)that NHS body has ascertained that he is not included in the list kept under section 81 above or (during the period that he is employed by that body) another NHS body or an employment agency or employment business has ascertained that he is not included in the list;

(c)subsection (2) does not apply to him;

(d)he accepts the offer and for so long as he is employed in the employment to which the offer relates paragraph (c) applies.

(4B)Relevant NHS employment is employment in a care position with an NHS body.

(4C)Each of the following is an NHS body—

(a)a National Health Service trust;

(b)a Strategic Health Authority;

(c)an NHS foundation trust;

(d)a Health Authority;

(e)a Local Health Board;

(f)a Special Health Authority;

(g)a Primary Care Trust.”

(3)Section 7(3A)(b) of the Protection of Children Act 1999 (c. 14) has effect until the coming into force of paragraph 121 of Schedule 21 to the Education Act 2002 (c. 32) as if for “the list kept under section 1 above” there is substituted “ any of the lists mentioned in subsection (1)(a) ”.

(4)The effect of subsections (1) to (3) is to be disregarded in determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of either of the following Acts falls within subsection (4)(a) of that section (provision amended by an Act within previous two years)—

(a)the Protection of Children Act 1999 (c. 14);

(b)the Care Standards Act 2000 (c. 14).

Other provisionsE+W

192Amendment of provision relating to reform of Welsh health authoritiesE+W

In section 27 of the Government of Wales Act 1998 (c. 38) (reform of Welsh health authorities), in subsection (7), for “(5)(b)” substitute “ (7)(b) ”.