Search Legislation

Health and Social Care Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Health and Social Care Act 2008, Chapter 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Chapter 3E+WQuality of health and social care

Modifications etc. (not altering text)

C1Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)

F1...E+W

Textual Amendments

F1S. 45 and preceding crossheading omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 12(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F145Standards set by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2Healthwatch England and Local Healthwatch organisationsE+W

Textual Amendments

F2Ss. 45A-45C and cross-heading inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 181(4), 306(1)(d), (4); S.I. 2012/1831, art. 2(2) (with art. 7); S.I. 2013/160, art. 2(2) (with arts. 7-9)

45AFunctions to be exercised by Healthwatch EnglandE+W

(1)The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.

(2)The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to—

(a)the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);

(b)the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);

(c)the carrying-on of activities specified in section 221(2) of that Act.

(3)The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.

(4)The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion.

(5)The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on—

(a)the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and

(b)the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.

(6)The persons referred to in subsection (5) are—

(a)the Secretary of State;

(b)[F3NHS England];

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)English local authorities.

(7)A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.

(8)The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice.

(9)The Commission must publish details of arrangements it makes under subsection (1) (including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection.

(10)In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct.

45BConflicts of interestE+W

(1)In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.

(2)In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.

(3) In this section, “ conflicts guidance ” means guidance about managing conflicts between—

(a)the exercise of functions by the Commission, and

(b)the exercise of functions by the Healthwatch England committee on the Commission's behalf.

45CReportsE+W

(1)As soon as possible after the end of each financial year, the Healthwatch England committee—

(a)must make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), and

(b)must publish a report on the way in which it has exercised during the year the functions exercisable by it.

(2)The committee must—

(a)lay before Parliament a copy of each report made under subsection (1)(b), and

(b)send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.

(3)The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate.

(4)Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.

(5)Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests.

(6) In this section, “ financial year ” means—

(a)the period beginning with the date on which the committee is appointed and ending with the following 31 March, and

(b)each successive period of 12 months ending with 31 March.]

[F545DGranting licence to use trade markE+W

(1)The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.

(2)A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying-on of activities under Local Healthwatch arrangements.

(3)In this section—

  • Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,

  • Local Healthwatch contractor” has the meaning given by section 223 of that Act, and

  • registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.]

Textual Amendments

Reviews and investigationsE+W

[F646Reviews and performance assessments [F7: registered service providers] E+W

(1)The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—

(a)conduct reviews of the carrying on of the regulated activities by the service providers,

(b)assess the performance of the service providers following each such review, and

(c)publish a report of its assessment.

(2)Regulations under subsection (1) may prescribe—

(a)all regulated activities or regulated activities of a particular description;

(b)all registered service providers or particular registered service providers;

(c)the whole of a regulated activity or a particular aspect of it.

(3)The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.

(4)The Commission must prepare a statement—

(a)setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

(b)describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.

(5)The Commission may—

(a)use different indicators for different cases,

(b)make different provision about frequency and period of reviews for different cases, and

(c)describe different methods for different cases.

(6)The Commission must publish—

(a)any indicators it devises for the purpose of subsection (3), and

(b)the statement it prepares for the purpose of subsection (4).

(7)Before doing so, the Commission—

(a)must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and

(b)may also consult any other persons it considers appropriate.

(8)The Commission may from time to time revise—

(a)any indicators it devises for the purpose of subsection (3), and

(b)the statement it prepares for the purpose of subsection (4);

and, if it does so, it must publish the indicators and statement as revised.

(9)Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.

(10)In this section “registered service provider” means a person registered under Chapter 2 as a service provider.

(11)Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.]

Textual Amendments

F6S. 46 substituted (7.7.2014 for specified purposes, 1.10.2014 in so far as not already in force) by Care Act 2014 (c. 23), ss. 91(2), 127(1); S.I. 2014/1714, arts. 2(b), 4

[F846AReviews and performance assessments: local authoritiesE+W

(1)The Commission must, in accordance with this section—

(a)conduct reviews of the exercise of regulated care functions by English local authorities,

(b)assess the performance of those authorities following each such review, and

(c)publish a report of its assessment.

(2)In this section “regulated care functions” means such functions under Part 1 of the Care Act 2014 (functions relating to adult social care in England) as may be prescribed.

(3)Regulations under subsection (2) may prescribe—

(a)all functions of English local authorities under Part 1 of the Care Act 2014 or some of their functions under that Part;

(b)the whole of a function or a particular aspect of it.

(4)The Secretary of State—

(a)must set, and may from time to time revise, objectives and priorities for the Commission in relation to the assessment under this section of the performance of English local authorities, and

(b)must inform the Commission of the objectives and priorities.

(5)The Commission—

(a)must determine, and may from time to time revise, indicators of quality for the purposes of the assessment under this section of the performance of English local authorities, and

(b)must obtain the approval of the Secretary of State in relation to the indicators.

(6)The Secretary of State may direct the Commission to revise the indicators under subsection (5).

(7)Different objectives and priorities may be set, and different indicators of quality may be determined, for different cases.

(8)The Commission—

(a)must prepare, and may from time to time revise, a statement—

(i)setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

(ii)describing the method that it proposes to use in assessing and evaluating the performance of a English local authority under this section, and

(b)must obtain the approval of the Secretary of State in relation to the statement.

(9)The Secretary of State may direct the Commission to revise the statement under subsection (8).

(10)The statement may—

(a)make different provision about frequency and period of reviews for different cases, and

(b)describe different methods for different cases.

(11)The Commission must publish—

(a)the objectives and priorities under subsection (4),

(b)the indicators of quality under subsection (5), and

(c)the statement under subsection (8).

(12)For the purposes of this section “English local authority” includes the Council of the Isles of Scilly only so far as references to a local authority in Part 1 of the Care Act 2014 include references to that Council as a result of an order under section 128(4) of that Act.]

[F946BReviews and performance assessments: integrated care systemE+W

(1)The Commission must, in accordance with this section—

(a)conduct reviews of—

(i)the provision of relevant health care, and adult social care, within the area of each integrated care board, and

(ii)the exercise of the functions of the following in relation to the provision of that care within the area of each integrated care board: the board; its partner local authorities; and registered service providers,

(b)assess the functioning of the system for the provision of relevant health care, and adult social care, within the area of each integrated care board (taking into account, in particular, how those mentioned in paragraph (a)(ii) work together), and

(c)publish a report of its assessment.

(2)The Secretary of State—

(a)must set, and may from time to time revise, objectives and priorities for the Commission in relation to assessments under this section, and

(b)must inform the Commission of the objectives and priorities.

(3)The priorities set by the Secretary of State under subsection (2)(a) must include priorities relating to leadership, the integration of services and the quality and safety of services.

(4)The Commission—

(a)must determine, and may from time to time revise, indicators of quality for the purposes of assessments under this section, and

(b)must obtain the approval of the Secretary of State in relation to the indicators.

(5)The Secretary of State may direct the Commission to revise the indicators under subsection (4).

(6)Different objectives and priorities may be set, and different indicators of quality may be determined, for different cases.

(7)The Commission—

(a)must prepare, and may from time to time revise, a statement—

(i)setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

(ii)describing the method that it proposes to use in assessing and evaluating the functioning of the system for the provision of relevant health care, and adult social care, within the area of an integrated care board, and

(b)must obtain the approval of the Secretary of State in relation to the statement.

(8)The statement may—

(a)make different provision about frequency and period of reviews for different cases, and

(b)describe different methods for different cases.

(9)Before preparing or revising a statement under subsection (7) the Commission must consult—

(a)NHS England, and

(b)any other persons it considers appropriate.

(10)The Secretary of State may direct the Commission to revise the statement under subsection (7).

(11)The Commission must publish—

(a)the objectives and priorities under subsection (2),

(b)the indicators of quality under subsection (4), and

(c)the statement under subsection (7).

(12)For the purposes of this section—

  • adult social care” means social care for individuals aged 18 or over;

  • partner local authority”, in relation to an integrated care board, means any English local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board;

  • registered service provider” means a person registered under Chapter 2 as a service provider;

  • relevant health care” means—

    (a)

    NHS care, or

    (b)

    the promotion and protection of public health.

(13)Regulations may amend the definition of “relevant health care” to include health care which is provided or commissioned by a public authority (but which does not amount to NHS care).]

F1047Frequency and period of reviewE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48Special reviews and investigationsE+W

(1)The Commission may F11...conduct any special review or investigation, and must do so if the Secretary of State so requests [F12; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State.].

F13(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A special review or investigation is a review (other than [F14 a review under section 46] [F15, 46A] [F16or 46B]) of or an investigation into—

(a)the provision of NHS care,

(b)the provision of adult social services,

[F17(ba)the exercise of the functions of [F18NHS England] or [F19an integrated care board] in arranging for the provision of NHS care under the National Health Service Act 2006 [F20 or section 117 of the Mental Health Act 1983 (after-care)],]

[F21(bb)the exercise of the functions of English local authorities in arranging for the provision of adult social services,] or

(c)the exercise of functions by English Health Authorities.

(3)Such a review or investigation may relate—

(a)to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;

(b)to the overall exercise of functions or to the exercise of functions of a particular description;

(c)to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.

[F22(3A)A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review [F23or investigation] under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).]

(4)Where the Commission conducts a review or investigation under this section, it must publish a report.

(5)The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 53(2).

(6)If the review or investigation gives rise to a duty to act under section 50(2) F24... in respect of an English local authority, subsection (5) does not apply in relation to so much of the report as relates to that local authority.

F25(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “English Health Authority” means—

F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Special Health Authority performing functions only or mainly in respect of England.

Textual Amendments

F11Words in s. 48(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(4)(a), 127(1); S.I. 2014/1714, art. 4

F12Words in s. 48(1) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(4)(b), 127(1); S.I. 2014/1714, art. 4

F13S. 48(1A) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(5), 127(1); S.I. 2014/1714, art. 4

F14Words in s. 48(2) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(6), 127(1); S.I. 2014/1714, art. 4

F20Words in s. 48(2)(ba) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(6), 306(4), Sch. 5 para. 158(a); S.I. 2013/160, art. 2(2) (with arts. 7-9

F21S. 48(2)(bb) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(7), 127(1); S.I. 2014/1714, art. 4

F22S. 48(3A) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(8), 127(1); S.I. 2014/1714, art. 4

F25S. 48(7) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(2), 127(1); S.I. 2014/2473, art. 3(e)

Commencement Information

I1S. 48 partly in force; S. 48 in force for specified purposes at Royal Assent, see s. 170

I2S. 48 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 17

F2749Power to extend periodic review functionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50Failings by English local authoritiesE+W

(1)This section applies where the Commission conducts a review under section 46 [F28, 46A] [F29or 46B] F30..., or a review or investigation under section 48, in respect of an English local authority.

(2)If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then F31... the Commission must—

(a)inform the Secretary of State of that fact, and

(b)recommend any special measures which it considers the Secretary of State should take.

[F32(3A)Nothing in subsection (2) prevents a report published under section 46(1)(c), 46A(1)(c), 46B(1)(c) or 48(4) from specifying respects in which the Commission considers a local authority to be failing and making recommendations to the local authority for addressing the failure.]

(5)If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—

(a)conduct a further review under section 48 in relation to the authority, and

(b)include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.

Textual Amendments

F30Words in s. 50(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(a), 127(1); S.I. 2014/1714, art. 4

Commencement Information

I3S. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 18

51Failings by Welsh NHS bodiesE+W

(1)Following a review under section 46 F33..., or a review or investigation under section 48, the Commission must inform the Welsh Ministers if it considers that—

(a)there are significant failings in relation to the provision of health care by or pursuant to arrangements made by a Welsh NHS body,

(b)there are significant failings in the running of a Welsh NHS body, or

(c)there are significant failings in the running of a body, or the practice of an individual, providing health care pursuant to arrangements made by a Welsh NHS body.

(2)The Commission may also recommend to the Welsh Ministers that, with a view to remedying those failings, the Welsh Ministers take special measures—

(a)in a case falling within subsection (1)(a) or (b), in relation to the Welsh NHS body concerned;

(b)in a case falling within subsection (1)(c), in relation to the body or individual concerned (except an English NHS body or a cross-border Special Health Authority).

(3)In this section “Welsh NHS body” has the same meaning as in Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

Textual Amendments

F33Words in s. 51(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(b), 127(1); S.I. 2014/1714, art. 4

Commencement Information

I4S. 51 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 19

I5S. 51 in force at 11.12.2009 in so far as not already in force by S.I. 2009/3023, art. 2(f) (with arts. 3-17) (as amended (8.2.2010) by S.I. 2010/47, art. 2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources