Health and Social Care (Community 
Health and Standards) Act 2003
CHAPTER 43
CONTENTS
PART 1
NHS FOUNDATION TRUSTS
Introductory
1 NHS foundation trusts
2 Independent Regulator of NHS Foundation Trusts3 General duty of regulator
Authorisation
4 Applications by NHS trusts
5 Other applications6 Authorisation of NHS foundation trusts7 Effect of authorisation8 Amendments of constitution9 Variation of authorisation
10 Register of NHS foundation trusts
Financial matters
11 Power of Secretary of State to give financial assistance
12 Prudential borrowing code13 Public dividend capital
Functions
14 Authorised services
15 Private health careHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) ii
16 Protection of property
17 Financial powers18 General powers19 Information20 Entry and inspection of premises21 Fees22 Trust funds and trustees
Failure
23 Failing NHS foundation trusts
24 Voluntary arrangements25 Dissolution etc.26 Sections 24 and 25: supplementary
Mergers
27 Mergers
28 Section 27: supplementary
Co-operation
29 Co-operation between NHS bodies
Patient and public involvement
30 Public involvement and consultation
31 Patients’ Forums32 Commission for Patient and Public Involvement in Health
Miscellaneous
33 Taxation
34 Other amendments relating to NHS foundation trusts35 Conduct of elections36 Offence37 Representative membership38 Audit39 General duty of NHS foundation trusts
Supplementary
40 Interpretation of Part 1
P
ART 2
STANDARDS
CHAPTER  1
REGULATORY BODIES
41 The Commission for Healthcare Audit and Inspection
42 The Commission for Social Care InspectionHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) iii
43 Transfer of property etc to CHAI and CSCI
44 Abolition of former regulatory bodies
CHAPTER  2
NHS HEALTH CARE :INTRODUCTORY
45 Quality in health care
46 Standards set by Secretary of State47 Standards set by Assembly
C
HAPTER  3
NHS HEALTH CARE :FUNCTIONS OF  CHAI
Healthcare provided by and for NHS bodies
48 Introductory
49 National performance data50 Annual reviews51 Reviews: England and Wales52 Reviews and investigations: England53 Failings54 Functions relating to Secretary of State and Assembly55 Reviews of data56 Co-ordination of reviews
Other functions
57 Studies as to economy, efficiency etc
58 Additional functions
Supplementary
59 Criteria
60 Provision of material61 Co-operation between CHAI and the regulator62 Fees63 Fees: Wales64 Reports and information65 Co-operation between CHAI and the Audit Commission66 Right of entry67 Right of entry: supplementary68 Power to require documents and information etc69 Power to require explanation
C
HAPTER  4
NHS HEALTH CARE :FUNCTIONS OF  NATIONAL  ASSEMBLY FOR  WALES
Reviews and investigations
70 Reviews and investigations relating to Wales
71 Reporting to Secretary of State and regulatorHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) iv
Ancillary powers
72 Right of entry
73 Right of entry: supplementary74 Power to require documents and information75 Power to require explanation
C
HAPTER  5
SOCIAL SERVICES :FUNCTIONS OF  CSCI
Provision of social services
76 Introductory
77 Information and advice78 Review of studies and research79 Annual reviews80 Other reviews and investigations81 Failings
Other functions
82 Studies as to economy, efficiency etc
83 Joint working with Audit Commission84 Additional functions
Supplementary
85 Criteria
86 Fees87 Reports and information88 Right of entry89 Right of entry: supplementary90 Power to require information etc91 Power to require explanation
C
HAPTER  6
SOCIAL SERVICES :FUNCTIONS OF  NATIONAL  ASSEMBLY FOR  WALES
Provision of social services
92 General function
93 Reviews of studies and research94 Reviews and investigations95 Studies as to economy, efficiency etc96 Additional functions97 General considerations
Ancillary powers
98 Right of entry
99 Right of entry: supplementary
100 Power to require information101 Power to require explanationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) v
CHAPTER  7
FUNCTIONS UNDER THE  CARE STANDARDS  ACT 2000
Functions of CHAI and CSCI
102 Transfer of functions to CHAI and CSCI
103 General functions of CHAI104 General functions of CSCI105 Fees
Miscellaneous
106 Meaning of “independent medical agency”
107 Children’s homes providing secure accommodation108 Information and inspection109 Assembly: duties relating to children
C
HAPTER  8
OTHER FUNCTIONS OF  CSCI
110 Boarding schools and colleges
111 Boarding schools and colleges: reports112 Secure training centres
C
HAPTER  9
COMPLAINTS
113 Complaints about health care
114 Complaints about social services115 Complaints regulations: supplementary116 Further consideration of representations under the Children Act 1989117 Representations relating to special guardianship support services118 Complaints about handling of complaints119 Complaints: data protection
C
HAPTER  10
SUPPLEMENTARY AND GENERAL
Joint working
120 Co-operation etc
121 Reviews and investigations122 Joint annual reviews123 Power to assist
Arrangements with public authorities
124 Arrangements with Ministers etc: CHAI
125 Arrangements with Ministers etc: CSCI126 Arrangements with the Isle of Man and Channel Islands: CHAIHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) vi
127 Arrangements with the Isle of Man and Channel Islands: CSCI
Reports
128 Reports: CHAI
129 Reports: CSCI
Relationship with government
130 Duty to have regard to government policy: CHAI
131 Duty to have regard to government policy: CSCI132 Failure in discharge of functions: CHAI133 Failure in discharge of functions: CSCI
Inquiries
134 Inquiries: CHAI
135 Inquiries: CSCI
Information
136 Disclosure of information obtained by CHAI
137 Section 136: defence138 Information obtained by CHAI: supplementary139 Information obtained by CSCI: supplementary140 Code of practice: CHAI141 Code of practice: CSCI
Wales: supplementary
142 Annual reports of Assembly
143 Use by Assembly of information144 Inquiries: Wales145 Co-operation between Assembly and CHAI
General
146 Offences by bodies corporate
147 Minor and consequential amendments148 Interpretation of Part 2149 References to the provision of health care
P
ART 3
RECOVERY OF  NHS CHARGES
NHS charges
150 Liability to pay NHS charges
Certificates of NHS charges
151 Applications for certificates of NHS charges
152 Section 151: supplementaryHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) vii
153 Information contained in certificates
Recovery of NHS charges
154 Payment of NHS charges
155 Recovery of NHS charges
Review and appeal
156 Review of certificates
157 Appeal against a certificate or a waiver decision158 Appeal tribunals159 Appeal to Social Security Commissioner
Information
160 Provision of information
161 Use of information held by the Secretary of State or the Scottish Ministers etc.
Payments to hospitals or ambulance trusts
162 Payment of NHS charges to hospitals or ambulance trusts
Miscellaneous and general
163 Regulations governing lump sums, periodical payments etc
164 Liability of insurers165 Power to apply Part 3 to treatment at non-health service hospitals166 The Crown167 Regulations168 Interpretation of Part 3169 Consequential and minor repeals
P
ART 4
DENTAL AND MEDICAL SERVICES
Primary dental services
170 Provision of primary dental services
171 Dental public health172 General dental services contracts173 General dental services: transitional
Primary medical services
174 Provision of primary medical services
175 General medical services contracts176 General medical services: transitional
Primary dental and medical services: supplementary
177 Arrangements under section 28C of the 1977 Act
178 Abolition of pilot schemesHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) viii
179 Persons performing primary medical and dental services
180 Assistance and support
Dental services: miscellaneous
181 Abolition of Dental Practice Board
182 Special Health Authorities183 Charges for dental services
General
184 Minor and consequential amendments
P
ART 5
MISCELLANEOUS
Welfare Food Schemes
185 Replacement of the Welfare Food Schemes: Great Britain
186 Replacement of the Welfare Food Schemes: Northern Ireland
Appointments and employment
187 Appointments to certain health and social care bodies
188 Appointments to certain health and social care bodies: joint functions189 Validity of clearance for employment in certain NHS posts
Public Health Laboratory Service Board
190 Abolition of Public Health Laboratory Service Board
Other provisions
191 Loans by Secretary of State to NHS trusts
192 Amendment of provision relating to reform of Welsh health authorities
P
ART 6
FINAL PROVISIONS
193 Financial provisions
194 Interpretation195 Orders and regulations196 Repeals and revocations197 Wales198 Isles of Scilly199 Commencement200 Transitional or transitory provision and savings201 Supplementary and consequential provision202 Extent203 Short titleHealth and Social Care (Community Health and Standards) Act 2003 (c. 43) ix
Schedule 1 — Constitution of public benefit corporations
Schedule 2 — Independent Regulator of NHS Foundation Trusts Schedule 3 — Transfer of staffSchedule 4 — Amendments relating to NHS foundation trustsSchedule 5 — Audit of accounts of NHS foundation trustsSchedule 6 — CHAI: supplementarySchedule 7 — CSCI: supplementarySchedule 8 — CHAI and CSCI: transfers of property and staff, etcSchedule 9 — Part 2: minor and consequential amendments
Schedule 10 — Recovery of NHS charges: exempted paymentsSchedule 11 — Part 4: minor and consequential amendmentsSchedule 12 — Privy Council appointmentsSchedule 13 — Amendments consequential on the abolition of the Public
Health Laboratory Service Board
Schedule 14 — Repeals and revocations
Part 1 — NHS foundation trustsPart 2 — StandardsPart 3 — Recovery of NHS chargesPart 4 — Dental and medical servicesPart 5 — Replacement of Welfare Food SchemesPart 6 — Loans by Secretary of State to NHS trustsPart 7 — Abolition of the Public Health Laboratory Service BoardELIZABETH II c. 43
Health and Social Care (Community 
Health and Standards) Act 2003
2003 CHAPTER 43
An Act to amend the law about the National Health Service; to make
provision about quality and standards in the provision of health and socialcare, including provision establishing the Commission for Healthcare Audit
and Inspection and the Commission for Social Care Inspection; to amend the
law about the recovery of NHS costs from persons making compensationpayments; to provide for the replacement of the Welfare Food Schemes; to
make provision about appointments to health and social care bodies; and for
connected purposes. [20th November 2003]
EI TE N A C T E D  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:— 
PART 1
NHS FOUNDATION TRUSTS
Introductory
1 NHS foundation trusts 
(1) An NHS foundation trust is a public benefit corporation which is authorised
under this Part to provide goods and services for the purposes of the healthservice in England.
(2 ) A publi c benef it c orpora tion is a b ody corporate whi ch, in purs ua nc e of an
application under this Part, is con stituted in accordance with Schedule 1.BHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts2
2 Independent Regulator of NHS Foundation Trusts 
(1) There is to be a body corporate known as the Independent Regulator of NHS
Foundation Trusts (referred to in this Part as “the regulator”).
(2) Schedule 2 (which makes further provision about the regulator) has effect.
3 General duty of regulator
The regulator must exercise its functions in a manner that is consistent with the
performance by the Secretary of State of the duties under sections 1, 3 and 51of the National Health Service Act 1977 (c. 49) (duty as to health service andservices generally and as to university clinical teaching and research).
Authorisation
4 Applications by NHS trusts
(1) An NHS trust may make an application to the regulator for authorisation to
become an NHS foundation trust, if the application is supported by theSecretary of State.
(2) The application must—
(a) describe the goods and services which the NHS trust proposes should
be provided by the NHS foundation trust, and
(b) be accompanied by a copy of the proposed constitution of the trust;
and must give any further information which the regulator requires the NHS
trust to give.
(3) The applicant may modify the application with the agreement of the regulator
at any time before authorisation  is given under section 6.
(4) Once an NHS trust has made the application—
(a) the provisions of the proposed constitution which give effect to
paragraphs 3 to 19 of Schedule 1 have effect, but only for the purposeof establishing the initial membership of the NHS foundation trust andof the board of governors, and the initial directors, and enabling theboard of governors and board of directors to make preparations for theperformance of their functions,
(b) the NHS trust may do anything (including the things mentioned in
paragraph 16 of Schedule 2 to the National Health Service andCommunity Care Act 1990 (c. 19) (general powers)) which appears to itto be necessary or desirable for the purpose of preparing it for NHSfoundation trust status.
5 Other applications
(1) An application may be made to the regulator by persons (other than an NHS
trust) to be incorporated as a public benefit corporation and authorised tobecome an NHS foundation trust, if the application is supported by the
Secretary of State.
(2) The application must—
(a) describe the goods and services which the applicants propose should
be provided by the trust, andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts3
(b) be accompanied by a copy of the proposed constitution of the trust;
and must give any further information which the regulator requires the
applicants to give.
(3) If it appears to the regulator that—
(a) provision of the goods and service s described in the application is
likely to assist in the performance of the duties mentioned in section 3,
(b) the trust as proposed to be constituted will be able to provide those
goods and services, and
(c) the proposed constitution accords with Schedule 1 and is otherwise
appropriate,
the regulator may issue a certificate of incorporation.
(4) The applicants may modify the application with the agreement of the regulator
at any time before the certificate is issued.
(5) On the issue of the certificate, the applicants are incorporated as a public
benefit corporation.
(6) The certificate is conclusive evidence of incorporation.
(7) Once the certificate has been issued—
(a) the proposed constitution has effect, but the applicants may exercise
the functions of the corporation on its behalf until a board of directorsis appointed in accordance with the constitution,
(b) the corporation may do anything (including the things mentioned in
section 18) which appears to it to be necessary or desirable for thepurpose of preparing it for NHS foundation trust status.
6 Authorisation of NHS foundation trusts
(1) The regulator may give an auth orisation under this section—
(a) to an NHS trust which has applied under section 4, or
(b) to a public benefit corporation,
if the regulator is satisfied as to the following matters.
(2) The matters are that—
(a) the applicant’s constitution will be in accordance with Schedule 1 and
will otherwise be appropriate,
(b) the applicant has taken steps to secure that (taken as a whole) the actual
membership of any public constituency, and (if there is one) of thepatients’ constituency, will be representative of those eligible for suchmembership,
(c) there will be a board of governors, and a board of directors, constituted
in accordance with the constitution,
(d) the steps necessary to prepare for NHS foundation trust status have
been taken,
(e) the applicant will be able to provide the goods and services which the
authorisation is to require it to provide, and
(f) any other requirements which the regulator considers appropriate are
met.
(3) In deciding whether it is satisfied as to the matters referred to in subsection
(2)(e), the regulator is to consider (among other things)—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts4
(a) any report or recommendation in respect of the applicant made by the
Commission for Healthcare Audit and Inspection,
(b) the financial position of the applicant.
(4) The authorisation may be given on any terms the regulator considers
appropriate.
(5) The regulator must not give an authorisation unless it is satisfied that the
applicant has sought the views about the application of the following—
(a) if the applicant is an NHS trust, the Patients’ Forum for the trust and
the staff employed by the trust,
(b) individuals who live in any ar ea specified in the proposed constitution
as the area for a public constituency,
(c) any local authority that would be authorised by the proposed
constitution to appoint a member of the board of governors,
(d) if the proposed constitution provides for a patients’ constituency,
individuals who would be able apply to become members of thatconstituency,
(e) any persons prescribed by regulations.
(6) If regulations make provision about consultation, the regulator may not give
an authorisation unless it is satisfied that the applicant has complied with theregulations.
(7) The generality of the power in subsection (4) is not affected by the following
provisions of this Part.
7 Effect of authorisation
(1) On an authorisation being given to a body corporate which is an NHS trust—
(a) it ceases to be an NHS trust and becomes an NHS foundation trust,
(b) the proposed constitution has effect.
(2) In consequence of subsection (1)(a), any order made under section 5(1) of the
1990 Act (establishment of the NHS trust) is revoked.
(3) On an authorisation being given to a body corporate which is a public benefit
corporation, it becomes an NHS foundation trust.
(4) The authorisation is conclusive eviden ce that the body in question is an NHS
foundation trust.
(5) Subsections (1) to (3) do not affect the continuity of the body or of its property
or liabilities.
(6) The validity of any act of an NHS foundation trust is not affected by any
vacancy among the directors or by any defect in the appointment of anydirector.
(7) An NHS foundation trust is not to be regarded as the servant or agent of the
Crown or as enjoying any status, immunity or privilege of the Crown; and thetrust’s property is not to be regarded as property of, or property held on behalf
of, the Crown.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts5
8 Amendments of constitution
An NHS foundation trust may make amendments of its constitution with the
approval of the regulator.
9 Variation of authorisation
(1) The regulator may vary an authorisation.(2) In deciding whether or not to vary an authorisation the regulator is to have
regard (among other things) to—
(a) any report or recommendation made to it by virtue of section 21(2)(f) of
the Local Government Act 2000 (c. 22) (overview and scrutinycommittees),
(b) any report or recommendation made to it by the Commission for
Patient and Public Involvement in Health under section 20(5)(b) or (6)of the National Health Service Reform and Health Care Professions Act2002 (c. 17).
10 Register of NHS foundation trusts
(1) The regulator must establish and maintain a register of NHS foundation trusts.
(2) The register must contain in relation to each NHS foundation trust—
(a) a copy of the current constitution,
(b) a copy of the current authorisation,
(c) a copy of the latest annual accounts and of any report of the auditor on
them,
(d) a copy of the latest annual report,
(e) a copy of the latest document sent to the regulator under paragraph 27
of Schedule 1 (forward planning),
(f) a copy of any notice given un der section 23 (failing NHS foundation
trusts).
(3) In relation to any time before an NHS foundation trust is first required to send
an annual report to the regulator, the register must contain a list of the personswho were first elected or appointed as—
(a) the members of the board of governors,
(b) the directors.
(4) Members of the public may inspect the register at any reasonable time.(5) Any person who requests it is to be provided with a copy of or extract from any
document contained in the register on payment of a reasonable charge.
Financial matters
11 Power of Secretary of State to give financial assistance
(1) The Secretary of State may give financial assistance to any NHS foundation
trust.
(2) The financial assistance may be given by way of loan, public dividend capital,
grant or other payment.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts6
(3) The Secretary of State may guarantee the payment of any amount payable by
an NHS foundation trust under an externally financed developmentagreement.
“Externally financed development agreement” has the same meaning as in
section 1 of the National Health Service (Private Finance) Act 1997 (c. 56),reading references in subsections (3) and (5) of that section to the trust asreferences to the NHS foundation trust.
12 Prudential borrowing code
(1) The regulator must make a code for determining the limit on the total amount
of the borrowing of any NHS foundation trust.
(2) In making the code the regulator is to have regard (among other things) to any
generally accepted principles used by financial institutions to determine theamounts of loans to non-profit making bodies.
A body is non-profit making if it does not carry on activities for the purpose 
of making profits for distribution to its members or others.
(3) Before making the code, the regulator must consult—
(a) the Secretary of State,
(b) every NHS trust intending to make an application to become an NHS
foundation trust,
(c) such other persons as the regulator considers appropriate.
(4) The regulator must lay a copy of the code before Parliament.
(5) The regulator may revise the code; and subsections (2) to (4) apply in relation
to revising the code, but the regulator must also consult every NHS foundationtrust.
13 Public dividend capital
(1) Where an NHS trust becomes an NHS foundation trust, the amount which was
the public dividend capital of the trust immediately before the giving of theauthorisation continues as public dividend capital of the NHS foundation trustheld on the same conditions (“init ial public dividend capital”), but subject to
this section.
(2) Any amount issued to an NHS foundation trust as public dividend capital
under section 11 is (like initial pu blic dividend capital) an asset of the
Consolidated Fund.
(3) The Secretary of State may, with the consent of the Treasury, decide the terms
on which any public dividend capital of an NHS foundation trust is to betreated as having been issued.
(4) But the dividend to be paid by the trust is to be the same as that payable by
NHS trusts in England in pursuance of section 9(7) of the 1990 Act (dividendon public dividend capital).
(5) Before exercising the power in subsection (3), the Secretary of State must
consult the regulator.
(6) Any amount paid to the Secretary of State by an NHS foundation trust by way
of repayment of public dividend capital is to be paid into the ConsolidatedFund.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts7
Functions
14 Authorised services
(1) An authorisation must authorise the NHS foundation trust to provide goods
and services for purposes related to the provision of health care.
(2) But the authorisation must secure that the principal purpose of the trust is the
provision of goods and services for the purposes of the health service inEngland.
(3) The trust may also carry on activities other than those mentioned in subsection
(1), subject to any restrictions in the authorisation, for the purpose of makingadditional income available in order to  carry on its principal purpose better.
(4) The authorisation may require the pr ovision, wholly or partly for the purposes
of the health service in England, of goods and services by the trust.
(5) References in this Part to goods and services include, in particular—
(a) education and training,
(b) accommodation and other facilities.
(6) The authorisation must author ise and may require the trust—
(a) to carry out research in connection with the provision of health care,
(b) to make facilities and staff available for the purposes of education,
training or research carried on by others;
and, in deciding how to exercise its functions under this subsection in a case
where any of the corporation’s hospitals includes a medical or dental schoolprovided by a university, the regulator is to have regard to the need to establishand maintain appropriate arrangements with the university.
(7) In deciding whether or not to require the trust to provide, wholly or partly for
the purposes of the health service in England, any goods or services theregulator is to have regard (among other things) to—
(a) the need for the provision of goods or services in the area in question,
(b) any provision of goods or services by other health service bodies in the
area in question,
(c) any other provision by the trust with which the provision of the goods
or services is connected,
(d) any agreement or arrangement to which the body corporate which is
the trust is or was a party.
(8) Such a requirement as is mentioned in subsection (4) may be framed by
reference (among other things) to—
(a) goods or services in general or of a particular description,
(b) goods or services required to meet the needs of health service bodies in
general or those of a particular description,
(c) goods or services required to meet the needs of other persons of a
particular description,
(d) the volume of goods or services provided,
(e) the place where goods or services are provided,
(f) the period within which goods or services are provided.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts8
15 Private health care
(1) An authorisation may restrict the provision, for purposes other than those of
the health service in England, of goods and services by an NHS foundationtrust.
(2) The power is to be exercised, in particular, with a view to securing that the
proportion of the total income of an NHS foundation trust which was an NHStrust in any financial year derived from private charges is not greater than theproportion of the total income of the NHS trust derived from such charges inthe base financial year.
(3) The base financial year means the first financial year throughout which the
body corporate was an NHS trust or, if it was an NHS trust throughout thefinancial year ending with 31st March 2003, that year.
(4) Private charges means charges imposed in respect of goods and services
provided to patients other than patients being provided with goods andservices for the purposes of the health service.
(5) Section 14(8) applies for the purposes of this section.
16 Protection of property
(1) An NHS foundation trust may not dispose of any protected property without
the approval of the regulator.
Disposing of property includes disposing of part of it or granting an interest
in it.
(2) Protected property is property of the trust designated as protected in its
authorisation.
(3) The regulator may designate property as protected if it considers it is needed—
(a) for the purposes of any goods or services which the authorisation
requires the trust to provide wholly or partly for the purposes of thehealth service in England, or
(b) for the purpose of doing anything which the trust is required to do
under section 14(6).
(4) The regulator may give approval under subsection (1) on any terms it
considers appropriate.
(5) An NHS foundation trust may not create a floating charge on its property.
17 Financial powers
(1) An NHS foundation trust may borrow money for the purposes of or in
connection with its functions.
(2) But the total amount of the trust’s borrowing is subject to the limit imposed by
its authorisation.
(3) The limit must be reviewed annually by the regulator.
(4) An NHS foundation trust may invest money (other than money held by it as
trustee) for the purposes of or in connection with its functions.
(5) The investment may include investment by—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts9
(a) forming, or participating  in forming, bodies corporate,
(b) otherwise acquiring membership of bodies corporate.
(6) An NHS foundation trust may give financial assistance (whether by way of
loan, guarantee or otherwise) to any person for the purposes of or inconnection with its functions.
18 General powers
(1) An NHS foundation trust may do anything which appears to it to be necessary
or desirable for the purposes of or in connection with its functions.
(2) In particular it may—
(a) acquire and dispose of property,
(b) enter into contracts,
(c) accept gifts of property (including property to be held on trust for the
purposes of the NHS foundation trust or for any purposes relating tothe health service),
(d) employ staff.
(3) Any power of the trust to pay remuneration and allowances to any person
includes power to make arrangements for providing, or securing the provisionof, pensions or gratuities (including those payable by way of compensation forloss of employment or loss or reduction of pay).
19 Information
(1) An authorisation—
(a) must require an NHS foundation trust to disclose such information as
the Secretary of State specifies to the regulator,
(b) may require an NHS foundation trust to disclose other information to
the regulator.
(2) The regulator may require any other health service body to disclose any
information which the regulator requires for the purposes of its functions.
20 Entry and inspection of premises
An authorisation may require an NHS foundation trust to allow the regulator
to enter and inspect premises owned or controlled by the trust.
21 Fees
An authorisation may require an NHS fo undation trust to pay a reasonable
annual fee to the regulator.
22 Trust funds and trustees
(1) The Secretary of State may by order provide for the appointment of trustees for
an NHS foundation trust to hold property on trust—
(a) for the purposes of the NHS foundation trust, or
(b) for any purposes relating to the health service.
(2) The order may—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts10
(a) make provision as to the persons by whom trustees are to be appointed
and generally as to the method of their appointment,
(b) make any appointment subject to such conditions as may be specified
in the order (including conditions requiring the consent of the Secretaryof State),
(c) make provision as to the number of trustees to be appointed, including
provision under which that nu mber may from time to time be
determined by the Secretary of State after consultation with suchpersons as he considers appropriate,
(d) make provision with respect to the term of office of any trustee and his
removal from office.
(3) Where trustees have been appointed for an NHS foundation trust under this
section, the Secretary of State may by order provide for the transfer of any trustproperty from the NHS foundation trust to the trustees.
(4) Where an NHS trust for which trustees have been appointed under section 11
of the 1990 Act is given an authorisation, the order appointing the trustees is tohave effect as an order under this section.
Failure
23 Failing NHS foundation trusts
(1) If the regulator is satisfied—
(a) that an NHS foundation trust is contravening, or failing to comply
with, any term of its authorisation  or any requirement imposed on it
under any enactment and that the contravention or failure issignificant, or
(b) that an NHS foundation trust has contravened, or failed to comply
with, any such term or requirement and is likely to do so again and thatthe contravention or failure was significant,
the regulator may by a notice to the trust exercise any one or more of the
powers in subsections (3) and (4).
(2) The regulator may also by a notice to the trust exercise any one or more of those
powers if the regulator is satisfied that the trust has contravened or failed tocomply with a previous notice.
(3) The regulator may require the trust, the directors or the board of governors to
do, or not to do, specified things or things of a specified description within aspecified period.
(4) The regulator may remove any or all of the directors or members of the board
of governors and appoint interim directors or members of the board.
(5) The regulator’s power to remove a director, or member of the board of
governors, of the trust includes power to suspend him from office, or todisqualify him from holding office, as a director or member of the board ofgovernors of the trust for a specified period.
24 Voluntary arrangements
(1) If the regulator is satisfied that it is necessary or desirable to do so, it may by a
notice to an NHS foundation trust require the directors—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts11
(a) to take steps to obtain a moratorium, or
(b) to make a proposal for a voluntary arrangement.
(2) An order may provide for Part 1 of the Insolvency Act 1986 (c. 45) (company
voluntary arrangements), including any related provision of that Act, to apply
with modifications in relation to NHS foundation trusts; and the references inthis Part to a moratorium or voluntary arrangement are to a moratorium undersection 1A, or a voluntary arrangement under Part 1, of that Act as modifiedby the order.
25 Dissolution etc. 
(1) The powers conferred by this section are exercisable where—
(a) an NHS foundation trust contravenes or fails to comply with a notice
under section 23 or 24 or the trust’s compliance with a notice undersection 24 does not result in the implementation of a voluntaryarrangement, and
(b) the regulator considers that further exercise of any of the powers
conferred by those sections would not be likely to secure the provisionof the goods and services which the authorisation requires the trust toprovide.
(2) Before the powers conferred by this section are exercised, the regulator must
consult prescribed persons about prescribed matters.
“Prescribed” means prescribed by an order.
(3) An order may transfer, or provide for the transfer of, any property or liabilities
of the trust to—
(a) another NHS foundation trust,
(b) a Primary Care Trust,
(c) an NHS trust,
(d) the Secretary of State.
(4) Schedule 3 (which provides for the transfer of employees) has effect.
(5) An order may provide for the dissolution of the trust.(6) An order may apply any provision of Part 4 of the Insolvency Act 1986
(winding up of companies), including any related provision of that Act, with
modifications.
(7) Where the regulator refuses to give an  authorisation to a public benefit
corporation—
(a) the powers conferred by this section are also exercisable,
(b) references in this section and Schedule 3 to an NHS foundation trust are
to be read as references to the corporation.
26 Sections 24 and 25: supplementary
(1) In sections 24 and 25, an order means an order made by the Secretary of State.
(2) The modifications of the Insolvency Act 1986 that may be made by an order
under section 24(2) include (for example)—
(a) provision for securing that the goods and services which the trust is
required by the authorisation to provide continue to be provided(whether by the trust or another),Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts12
(b) provision for securing the protection of property needed for the
purposes of those goods and services.
(3) The power conferred by section 25(3) is to be exercised with a view to securing
the provision of the goods and services which the authorisation requires thetrust to provide.
(4) That power is also to be exercised (together, if required, with the power
conferred by section 11(2)) with a view to securing that any transfer of propertyin pursuance of the power does not result in a net loss of value to the trust; andthe question whether a transfer would result in a net loss of value is to bedetermined in accordance with regulations.
(5) The Insolvency Act 1986 (c. 45) may not be modified under section 25(6) so as
to alter the priority of debts or the ranking of debts between themselves.
Mergers
27 Mergers
(1) An application may be made jointly by—
(a) an NHS foundation trust, and
(b) another NHS foundation trust or an NHS trust,
to the regulator for authorisation of the dissolution of the trusts and the
transfer of some or all of their property and liabilities to a new NHS foundationtrust established under this section.
(2) The application must—
(a) be supported by the Secretary of State if one of the parties to it is an
NHS trust,
(b) specify the property and liabilities proposed to be transferred to the
new NHS foundation trust,
(c) describe the goods and services which it is proposed should be
provided by the new trust, and
(d) be accompanied by a copy of the proposed constitution of the new
trust;
and must give any further information which the regulator requires the
applicants to give.
(3) The applicants may modify the application with the agreement of the regulator
at any time before authorisation  is given under this section.
(4) The regulator may—
(a) issue a certificate incorporating the directors of the applicants as a
public benefit corporation, and
(b) give an authorisation under this section to the corporation to become an
NHS foundation trust,
if the regulator is satisfied as to the following matters.
(5) The matters are that—
(a) the constitution of the new trust will be in accordance with Schedule 1
and will otherwise be appropriate,
(b) the applicant has taken steps to secure that (taken as a whole) the actual
membership of any public constituency, and (if there is one) of theHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts13
patients’ constituency, will be representative of those eligible for such
membership,
(c) the new trust will be able to provide the goods and services which the
authorisation is to require it to provide, and
(d) any other requirements which the regulator considers appropriate are
met.
(6) In deciding whether it is satisfied as to the matters referred to in subsection
(5)(c), the regulator is to con sider (among other things)—
(a) any report or recommendation in respect of either of the applicants
made by the Commission for Healthcare Audit and Inspection,
(b) the financial position of the applicants.
(7) The applicants must consult about the application in accordance with
regulations.
(8) In the course of the consultation the applicants must seek the views of —
(a) any Patients’ Forum for an applicant,
(b) the staff employed by the applicants,
(c) individuals who live in any ar ea specified in the proposed constitution
as the area for a public constituency,
(d) any local authority that would be authorised by the proposed
constitution to appoint a member of the board of governors,
(e) if the proposed constitution provides for a patients’ constituency,
individuals who would be able apply to become members of thatconstituency,
(f) any persons prescribed by regulations.
(9) The regulator may not give an author isation under this section unless it is
satisfied that the applicants have complied with the regulations.
(10) The certificate is conclusive evidence of incorporation; an d the authorisation is
conclusive evidence that the corporation is an NHS foundation trust.
(11) On an authorisation being given under this section, the proposed constitution
of the NHS foundation trust has effect, but the directors of the applicants mayexercise the functions of the trust on its behalf until a board of directors isappointed in accordance with the constitution.
28 Section 27: supplementary
(1) Where an authorisation is given under section 27, the regulator is to specify the
property and liabilities to be transferred to the new NHS foundation trust.
(2) Where such an authorisation is given , the Secretary of State is to make an
order—
(a) dissolving the trusts in question, and
(b) transferring, or providing for the transfer of, the property and liabilities
specified by the regulator to the new NHS foundation trust.
(3) The order may—
(a) transfer, or provide for the transfer of, any of the remaining property or
liabilities to the persons mentioned in section 25(3),
(b) include provisions corresponding to those of Schedule 3.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts14
(4) Where one of the parties to an applica tion under section 27 is an NHS trust, the
powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990Act are not exercisable in relation to the trust.
(5) Section 6(4) applies to an authorisation under section 27 as it does in relation to
an authorisation under that section.
Co-operation
29 Co-operation between NHS bodies
In section 26 of the Health Act 1999 (c. 8) (co-operation between NHS bodies),
for “and NHS trusts” there is substituted “, NHS trusts and NHS foundationtrusts”.
Patient and public involvement
30 Public involvement and consultation
In section 11(2) of the Health and Social Care Act 2001 (c. 15) (public
involvement and consultation), at the end there is inserted—
“(d) NHS foundation trusts”.
31 Patients’ Forums
(1) The National Health Service Reform and Health Care Professions Act 2002
(c. 17) is amended as follows.
(2) In section 15 (establishment of patients’ forums)—
(a) in subsection (1), after paragraph (b) there is inserted “and
(c) for each NHS foundation trust.”, and
(b) in subsection (9), in the definition of “relevant overview and scrutiny
committee”, for “or NHS trust” there is substituted “, NHS trust or NHSfoundation trust”.
(3) In section 17 (entry and inspection of premises), in subsection (1), after
paragraph (f) there is inserted—
“(fa) NHS foundation trusts,”.
(4) In section 18 (annual reports) in subsection (2)—
(a) in paragraph (c)(ii), after “NHS trust” there is inserted “or NHS
foundation trust”,
(b) after paragraph (d) there is inserted—
“(e) where the report includes pr ovision which relates to any
NHS foundation trust, the Independent Regulator ofNHS Foundation Trusts”.
(5) In section 19 (supplementary) in subsection (2)—
(a) in paragraph (k), after “an NHS trust,” there is inserted “an NHS
foundation trust,”,
(b) in paragraph (p), after “NHS trusts,” there is inserted “NHS foundation
trusts,”;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts15
and in subsection (4)(a), after “NHS trust” there is inserted “or NHS foundation
trust”.
32 Commission for Patient and Public Involvement in Health
(1) Section 20 of the National Health Service Reform and Health Care Professions
Act 2002 (c. 17) (Commission for Patient and Public Involvement in Health) is
amended as follows.
(2) In subsection (10), after “an NHS trust,” there is inserted “an NHS foundation
trust,”.
(3) In subsection (12), in the definition of “health service bodies”, for “and NHS
trusts” there is substituted “, NHS trusts and NHS foundation trusts”.
Miscellaneous
33 Taxation
(1) In section 519A of the Income and Corporation Taxes Act 1988 (c. 1) (taxation
of health service bodies), in subsection (2), after paragraph (b) there isinserted—
“(bb) an NHS foundation trust”.
(2) Section 61(3) of the 1990 Act (health service bodies: stamp duty) applies to an
NHS foundation trust as it applies to an NHS trust.
(3) In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the
Crown), in subsection (7), after “1978” there is inserted “an NHS foundationtrust”.
34 Other amendments relating to NHS foundation trusts
Schedule 4 (which makes amendments relating to NHS foundation trusts) has
effect.
35 Conduct of elections
(1) Regulations may make provision as to the conduct of elections for membership
of the board of governors of an NHS foundation trust.
(2) The regulations may in particular provide for—
(a) nomination of candidates and obligat ions to declare their interests,
(b) systems and methods of voting, and the allocation of places on the
board of governors, at contested elections,
(c) filling of vacancies,
(d) supervision of elections,
(e) election expenses and publicity,
(f) questioning of elections and the consequences of irregularities.
(3) Regulations under this section may create offences punishable on summary
conviction with a maximum fine not exceeding level 4 on the standard scale.
(4) An NHS foundation trust must secure that its constitution is in accordance
with regulations under this section.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts16
(5) Pending the coming into force of regulations under this section, elections for
membership of the board of governors of an NHS foundation trust, ifcontested, must be by secret ballot.
36 Offence
(1) A person may not vote at an election for the board of governors of an NHS
foundation trust unless, within the specified period, he has made a declarationin the specified form of the particulars of his qualification to vote as a memberof the constituency, or class within a constituency, for which the election isbeing held.
(2) A person may not stand for election to the board unless, within the specified
period, he has made a declaration in the specified form of the particulars of hisqualification to vote as a member of the constituency, or class within aconstituency, for which the election is being held and is not prevented frombeing a member of the board by paragraph 8 of Schedule 1.
(3) A person elected to the board may not vote at a meeting of the board unless,
within the specified period, he has made a declaration in the specified form ofthe particulars of his qualification to vote as a member of the trust and is notprevented from being a member of the board by paragraph 8 of Schedule 1.
(4) This section does not apply to an election held for the staff constituency.
(5) Specified means specified for the purpose in the trust’s constitution.(6) A person is guilty of an offence if he—
(a) makes a declaration under this section which he knows to be false in a
material particular, or
(b) recklessly makes such a declaration which is false in a material
particular.
(7) A person guilty of an offence un der this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
37 Representative membership
An authorisation may require an NHS foundation trust to take steps to secure
that (taken as a whole) the actual memb ership of any public constituency and
(if there is one) of the patients’ constituency is representative of those eligiblefor such membership.
38 Audit
Schedule 5 (which makes provision in relation to the audit of the accounts of
NHS foundation trusts) has effect.
39 General duty of NHS foundation trusts
An NHS foundation trust must exercise its functions effectively, efficiently and
economically.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 1 — NHS foundation trusts17
Supplementary
40 Interpretation of Part 1
(1) In this Part—
“the 1990 Act” means the National Health Service and Community Care
Act 1990 (c. 19),
“authorisation” means an authorisation under section 6 or 27,
“health service body” means a Strategic Health Authority, a Special
Health Authority, an NHS trust, an NHS foundation trust or a PrimaryCare Trust,
“regulations” means regulations made by the Secretary of State.
(2) Other expressions used in this Part an d in the 1977 Act have the same meaning
in this Part as in that Act.
(3) Any references in this Part, in relation to property held on trust, to the purposes
of an NHS foundation trust are to the general or any specific purposes of theNHS foundation trust (including the purposes of any specific hospital at orfrom which services are provided by the trust).
(4) Any references in this Part to goods and services are to be interpreted in
accordance with section 14(5).
P
ART 2
STANDARDS
CHAPTER  1
REGULATORY BODIES
41 The Commission for Healthcare Audit and Inspection
(1) There is to be a body corporate known as the Commission for Healthcare Audit
and Inspection (in this Part referred to as the CHAI).
(2) Schedule 6 (which makes further provision about the CHAI) has effect.
42 The Commission for Social Care Inspection
(1) There is to be a body corporate known as the Commission for Social Care
Inspection (in this Part referred to as the CSCI).
(2) Schedule 7 (which makes further provision about the CSCI) has effect.
43 Transfer of property etc to CHAI and CSCI
Schedule 8 (which makes provision for the transfer of property, rights and
liabilities to the CHAI and the CSCI) has effect.
44 Abolition of former regulatory bodies
(1) The Commission for Health Improvement is abolished.
(2) The National Care Standards Commission is abolished.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 2 — NHS health care: introductory18
CHAPTER  2
NHS HEALTH CARE :INTRODUCTORY
45 Quality in health care
(1) It is the duty of each NHS body to put and keep in place arrangements for the
purpose of monitoring and improving the quality of health care provided byand for that body.
(2) In this Part “health care” means—
(a) services provided to individuals for or in connection with the
prevention, diagnosis or treatment of illness; and
(b) the promotion and protection of public health.
(3) In subsection (2)(a), “illness” has the meaning given by section 128(1) of the
1977 Act.
46 Standards set by Secretary of State
(1) The Secretary of State may prepare and publish statements of standards in
relation to the provision of health care by and for English NHS bodies andcross-border SHAs. 
(2) The Secretary of State must keep the standards under review and may publish
amended statements whenever he considers it appropriate.
(3) The Secretary of State must consult such persons as he considers appropriate—
(a) before publishing a statement under this section;
(b) before publishing an amended statement under this section which in
the opinion of the Secretary of State effects a substantial change in thestandards.
(4) The standards set out in statements under this section are to be taken into
account by every English NHS body and cross-border SHA in discharging itsduty under section 45.
47 Standards set by Assembly
(1) The Assembly may prepare and publish statements of standards in relation to
the provision of health care by and for Welsh NHS bodies.
(2) The Assembly must keep the standards under review and may publish
amended statements whenever it considers it appropriate.
(3) The Assembly must consult such persons as it considers appropriate—
(a) before publishing a statement under this section;
(b) before publishing an amended statement under this section which in
the opinion of the Assembly effects a substantial change in thestandards.
(4) The standards set out in statements under this section are to be taken into
account by every Welsh NHS body in discharging its duty under section 45.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI19
CHAPTER  3
NHS HEALTH CARE :FUNCTIONS OF  CHAI
Healthcare provided by and for NHS bodies
48 Introductory
(1) The CHAI has the general function of encouraging improvement in the
provision of health care by and for NHS bodies.
(2) In exercising its functions under subsection (1) and sections 49 to 56 in relation
to such provision, the CHAI shall be concerned in particular with—
(a) the availability of, and access to, the health care;
(b) the quality and effectiveness of the health care;
(c) the economy and efficiency of the provision of the health care;
(d) the availability and quality of information provided to the public about
the health care;
(e) the need to safeguard and promote the rights and welfare of children;
and
(f) the effectiveness of measures taken for the purpose of paragraph (e) by
the body in question and any person who provides, or is to provide,health care for that body.
49  National performance data
The CHAI has the function of publishing data relating to the provision of
health care by and for NHS bodies. 
50 Annual reviews
(1) In each financial year the CHAI must conduct a review of the provision of
health care by and for—
(a) each English NHS body, and
(b) each cross-border SHA,
and must award a performance rating to each such body.
(2) The CHAI is to exercise its function under subsection (1) by reference to criteria
from time to time devised by it and approved by the Secretary of State.
(3) The CHAI must publish the criteria devised and approved from time to time
under subsection (2).
(4) In exercising its functions under this section in relation to any health care the
CHAI must take into account the standards set out in statements publishedunder section 46.
(5) For the purposes of this section the CHAI may, subject to this Part, conduct an
inspection of—
(a) the body being reviewed; and
(b) any person who provides, or is to provide, health care for that body
(wherever the health care is or is to be provided).Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI20
(6) The Secretary of State may, after consulting the CHAI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CHAI before the award of a performance rating underthis section.
51 Reviews: England and Wales
(1) The CHAI has the function of conducting reviews of—
(a) the overall provision of health care by and for NHS bodies;
(b) the overall provision of particular kinds of health care by and for NHS
bodies;
(c) the provision of health care, or a particular kind of health care, by and
for NHS bodies of a particular description.
(2) If the Secretary of State so requests, the CHAI must conduct—
(a) a review under subsection (1)(a);
(b) a review under subsection (1)(b) of the overall provision of a kind of
health care specified in the request; or
(c) a review under subsection (1)(c) of the provision of health care, or
health care of a kind specified in the request, by or for NHS bodies of adescription so specified.
(3) The Secretary of State must consult the Assembly before making a request
under subsection (2).
(4 ) In c onduct ing a revi ew under this  sect ion in relat ion to any heal th c are the
CHAI must take into account—
(a) the standards set out in statements published under section 46, where
the health care is provided by or for an English NHS body or cross-border SHA;
(b) the standards set out in statements published under section 47, where
the health care is provided by or for a Welsh NHS body.
(5) For the purposes of this section the CHAI may carry out an inspection of—
(a) any NHS body; and
(b) any person who provides, or is to provide, health care for an NHS body
(wherever the health care is or is to be provided).
(6) Where the CHAI conducts a review under this section it must publish a report.
(7) The Secretary of State may, after consulting the CHAI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CHAI before the publication of a report under thissection.
52 Reviews and investigations: England
(1) The CHAI has the function of conducting other reviews of, and investigations
into, the provision of health care by and for English NHS bodies and cross-border SHAs.
(2) The CHAI may in particular under this section conduct—
(a) a review of the overall provision of health care by and for English NHS
bodies and cross-border SHAs;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI21
(b) a review of the overall provision of a particular kind of health care by
and for English NHS bodies and cross-border SHAs;
(c) a review of, or investigation into, th e provision of any health care by or
for a particular English NHS body or cross-border SHA.
(3) The CHAI has the function of conducting reviews of the arrangements made
by English NHS bodies and cross-border SHAs for the purpose of dischargingtheir duty under section 45.
(4) If the Secretary of State so requests, the CHAI must conduct—
(a) a review under subsection (2)(a);
(b) a review under subsection (2)(b) of the overall provision of a kind of
health care specified in the request;
(c) a review or investigation under subsection (2)(c), or a review under
subsection (3), in relation to the provision of such health care by or forsuch body as may be specified in the request.
(5) In exercising its functions under this section in relation to any health care the
CHAI must take into account the standards set out in statements publishedunder section 46.
(6) For the purposes of this section the CHAI may carry out an inspection of—
(a) any English NHS body or cross-border SHA; and
(b) any person who provides, or is to provide, health care for such a body
(wherever the health care is or is to be provided).
(7) Where the CHAI conducts a review or  investigation under this section it must
publish a report.
(8) The Secretary of State may, after consulting the CHAI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CHAI before the publication of a report under thissection.
(9) The Secretary of State may by regulations require an NHS body to publish a
statement as to the action it proposes to take as a result of any review orinvestigation conducted under this section in relation to it.
(10) Regulations under subsection (9) may make provision—
(a) as to the matters with which a statement under the regulations must
deal;
(b) as to the time by which any such statement must be published;
(c) requiring an NHS body, before publishing any such statement, to
obtain the consent of any person specified in the regulations;
(d) requiring the NHS body publishing any such statement to send a copy
of it to any person so specified.
53 Failings
(1) This section applies where the CHAI conducts—
(a) a review under section 50 or 51; or
(b) a review or investigation under section 52.
(2) The CHAI must make a report to the Secretary of State if it is of the view that— 
(a) there are significant failings in re lation to the provis ion of health care
by or for an English NHS body or cross-border SHA;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI22
(b) there are significant failings in the running of an English NHS body or
cross-border SHA; or
(c) there are significant failings in the running of any body, or the practice
of any individual, providing health care for an English NHS body orcross-border SHA.
(3) A report made to the Secretary of State under subsection (2) may include a
recommendation that, with a view to re medying the failings in question, the
Secretary of State take special measures in relation to—
(a) in a case falling within paragraph (a) or (b) of subsection (2), the English
NHS body or cross-border SHA in question; 
(b) in a case falling within paragr aph (c) of that subsection, any person,
other than a Welsh NHS body, referred to in that paragraph. 
(4) The CHAI must also report to the Assembly where it is of the view that— 
(a) there are significant failings in re lation to the provis ion of health care
by or for 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 any body, or the practice
of any individual, providing health care for a Welsh NHS body.
(5) A report made to the Assembly under subsection (4) may include a
recommendation that, with a view to re medying the failings in question, the
Assembly take special measures in relation to—
(a) in a case falling within paragraph (a) or (b) of subsection (4), the Welsh
NHS body in question; and
(b) in a case falling within paragr aph (c) of that subsection, any person,
other than an English NHS body or cross-border SHA, referred to inthat paragraph. 
(6) The CHAI must also make a report to the regulator where it is of the view
that—
(a) there are significant failings in re lation to the provis ion of health care
by or for an NHS foundation trust;
(b) there are significant failings in the running of an NHS foundation trust;
or
(c) there are significant failings in the running of any body, or the practice
of any individual, providing health care for an NHS foundation trust.
(7) A report made to the regulator under subsection (6) may include a
recommendation that, with a view to re medying the failings in question, the
regulator take special measures in relation to the NHS foundation trust inquestion.
(8) A report under this section must give the CHAI’s reasons for its view and for
any recommendation made.
(9) The Secretary of State may, after consulting the CHAI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CHAI before the publication of a report under thissection.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI23
54 Functions relating to Secretary of State and Assembly
(1) The CHAI is to keep the appropriate authority informed about the provision of
health care by and for any NHS body. 
(2) The CHAI may at any time give advice to the appropriate authority on any
matter connected with the provision of such health care (including, inparticular, advice on any changes wh ich it thinks should be made to the
standards under section 46 or 47 for the purpose of securing improvement inthe quality of the health care).
(3) When requested to do so by the appropriate authority, the CHAI must give the
authority advice or information on such matters connected with the provisionof health care by or for any NHS body as may be specified in the request.
(4) The CHAI may give advice to the appropriate authority or any NHS body
about the establishment or conduct of any inquiry held, or to be held, by theauthority or the body in relation to the provision of health care by or for thatbody.
(5) In this section, the “appropriate authority” means—
(a) the Secretary of State, in relation to the provision of health care by or for
an English NHS body or cross-border SHA; or
(b) the Assembly, in relation to the provision of health care by or for a
Welsh NHS body.
55 Reviews of data
(1) The CHAI may review—
(a) the quality of data obtained by others in relation to the provision of
health care by and for NHS bodies; 
(b) the methods used in the collection and analysis of such data; and
(c) the validity of conclusions drawn from such data. 
(2) Where the CHAI conducts a review under this section it must publish a report. 
56 Co-ordination of reviews
The CHAI has the function of promoting the effective co-ordination of reviews
or assessments carried out by public bodies or other persons in relation to theprovision of health care by or for English NHS bodies and cross-border SHAs. 
Other functions
57 Studies as to economy, efficiency etc 
(1) The CHAI has the function of promoting or undertaking comparative or other
studies designed to enable it to make recommendations for improvingeconomy, efficiency and effectiveness in the exercise of any of the functions ofan English NHS body, other than a Special Health Authority (whether thefunctions are exercised by the English NHS body or by another person).
(2) The CHAI may exercise its function under subsection (1) in relation to a body
on the CHAI’s own initiative or at the request of the body concerned.
(3) For the purposes of this section the CHAI may carry out an inspection of—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI24
(a) any English NHS body other than a Special Health Authority; 
(b) any person exercising the functions of such a body.
(4) The CHAI must publish its recommendations and the result of any studies
under this section.
(5) The Secretary of State may, after consulting the CHAI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CHAI before the publication of any recommendations orthe result of any studies under this section.
(6) The CHAI’s functions under this section may be exercised on its behalf by the
Audit Commission, if the Audit Commission and the CHAI so agree.
(7) Where the Audit Commission exercises functions under subsection (6), it shall
do so on such terms, including terms as to payment, as the CHAI and the AuditCommission may agree.
58 Additional functions
(1) The Secretary of State may by regulations provide that the CHAI is to have
such additional functions as may be prescribed in relation to—
(a) the provision of health care by or for NHS bodies;
(b) the improvement of—
(i) economy, efficiency and effectiveness in the exercise of the
functions of English NHS bodies; and
(ii) the financial or other management, or operations, of English
NHS bodies.
(2) The Secretary of State must consult the regulator before making provision
under subsection (1) in relation to NHS foundation trusts.
(3) The Secretary of State must obtain the consent of the Assembly before making
provision under subsection (1)(a) in relation to health care provided by or fora Welsh NHS body other than health care provided by or for an English NHSbody or cross-border SHA.
Supplementary
59 Criteria 
(1) The Secretary of State may, after consulting the CHAI, make regulations
requiring the CHAI to devise and publish statements of criteria to be used in—
(a) the exercise of any of its functions under section 48(1), 49, 51 or 53 in
relation to the provision of health care by or for an English NHS bodyor cross-border SHA;
(b) the exercise of any of its functions under section 52, 56, 57 or 58(1)(b).
(2) The Assembly may, after consulting the CHAI, make regulations requiring the
CHAI to devise and publish statements of criteria to be used in the exercise ofits functions under section 48(1), 49, 51 or 53 in relation  to the provision of
health care by or for a Welsh NHS body.
(3) In relation to any function conferred on the CHAI under subsection (1)(a) of
section 58, regulations under that section may provide that any one or more ofHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI25
the following provisions of this section shall have effect as if it included a
reference to the exercise of that function—
(a) subsection (1)(a);
(b) subsection (1)(b);
(c) subsection (2).
(4) Regulations under this section may require the CHAI—
(a) to consult any person specified in the regulations before publishing a
statement under subsection (1) or (2);
(b) to obtain the consent of the Secretary of State before publishing a
statement under subsection (1);
(c) to obtain the consent of the Assembly before publishing a statement
under subsection (2).
60 Provision of material
(1) The CHAI must, on request, provide the Comptroller and Auditor General
with any material relevant to a review or investigation under sections 50 to 52or a study under section 57.
(2) The CHAI must, on request, provide the regulator with—
(a) any material which is relevant to a review or investigation under
sections 50 to 52 and relates to the provision of health care by or for anNHS foundation trust;
(b) any material which is relevant to a study under section 57 and relates
to an NHS foundation trust.
61 Co-operation between CHAI and the regulator
(1) The CHAI and the regulator must co-operate with each other in the exercise of
their respective functions under Part 1 and this Chapter.
(2) In particular, for the purposes of subsection (1)—
(a) the CHAI must keep the regulator informed about the provision of
health care by and for NHS foundation trusts;
(b) the regulator must give to the CHAI any information it has about the
provision of health care by or for an NHS foundation trust which itconsiders would assist the CHAI in the discharge of its functions.
62 Fees
(1) The CHAI may from time to time make and publish provision—
(a) requiring an English NHS body or cross-border SHA to pay a fee in
respect of the exercise by the CHAI, in relation to that body or to healthcare provided by or for that body, of such of its functions under thisChapter as may be prescribed;
(b) requiring a person of a prescribed description who provides health care
for an English NHS body or cross-border SHA to pay a fee in respect ofthe exercise by the CHAI, in relation to the health care so provided bythat person, of such of its functions under this Chapter as may beprescribed.
(2) The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay
a fee.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI26
(3) The amount of a fee payable under provision under subsection (1) shall be such
as may be specified in, or calculated or determined under, the provision.
(4) Provision under subsection (1) may include provision—
(a) for different fees to be paid in different cases, or classes of case;
(b) for different fees to be paid by persons of different descriptions;
(c) for the amount of a fee to be determined by the CHAI in accordance
with specified factors;
(d) for the time by which a fee must be paid.
(5) Before making any provision under subsection (1) the CHAI must consult such
persons as appear to it appropriate.
(6) The Secretary of State may by regulations make provision as to—
(a) the manner in which provision under subsection (1) is to be made and
published;
(b) the matters to be taken into account by the CHAI before making the
provision.
(7) The Secretary of State may by regulations make provision for an independent
person or panel to review the amount charged under subsection (1) in anyparticular case and, if that person or panel thinks fit, to substitute a lesseramount for that amount.
(8) For the purpose of determining the fee payable by a person or body under
subsection (1), the person or body must provide the CHAI with suchinformation, in such form, as the CHAI may require.
(9) A fee payable by virtue of this section may, without prejudice to any other
method of recovery, be recovered summarily as a civil debt.
63 Fees: Wales
(1) The CHAI may from time to time make and publish provision—
(a) requiring a Welsh NHS body to pay a fee in respect of the exercise by
the CHAI, in relation to that body or to health care provided by or forthat body, of such of its functions under this Chapter as may beprescribed;
(b) requiring a person of a prescribed description who provides health care
for a Welsh NHS body to pay a fee in respect of the exercise by theCHAI, in relation to the health care so provided by that person, of suchof its functions under this Chapter as may be prescribed.
(2) The CHAI may not under subsection (1)(b) require an English NHS body or
cross-border SHA to pay a fee.
(3) The amount of a fee payable under provision under subsection (1) shall be such
as may be specified in, or calculated or determined under, the provision.
(4) Provision under subsection (1) may include provision—
(a) for different fees to be paid in different cases, or classes of case;
(b) for different fees to be paid by persons of different descriptions;
(c) for the amount of a fee to be determined by the CHAI in accordance
with specified factors;
(d) for the time by which a fee must be paid.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI27
(5) Before making any provision under subsection (1) the CHAI must consult such
persons as appear to it appropriate.
(6) The Assembly may by regulations make provision as to—
(a) the manner in which provision under subsection (1) is to be made and
published;
(b) the matters to be taken into account by the CHAI before making the
provision.
(7) The Assembly may by regulations make provision for an independent person
or panel to review the amount charged under subsection (1) in any particularcase and, if that person or panel thinks fit, to substitute a lesser amount for thatamount.
(8) For the purpose of determining the fee payable by a person or body under
subsection (1), the person or body must provide the CHAI with suchinformation, in such form, as the CHAI may require.
(9) A fee payable by virtue of this section may, without prejudice to any other
method of recovery, be recovered summarily as a civil debt.
64 Reports and information
(1) The CHAI must make copies of any report published by it under this Chapter
available for inspection at its offices by any person at any reasonable time.
(2) Any person who requests a copy of such a report is entitled to have one on
payment of such reasonable fee (if any) as the CHAI considers appropriate.
(3) The CHAI may charge a person such reasonable fee as it considers appropriate
where it provides him, at his request, with any other information relevant tothe discharge of the CHAI’s functions under this Chapter.
65 Co-operation between CHAI and the Audit Commission
The CHAI and the Audit Commission must co-operate with each other in
relation to matters in respect of which both have functions.
66 Right of entry 
(1) A person authorised to do so by the CHAI may, if the CHAI considers it
necessary or expedient for the purposes of  this Chapter, at any reasonable time
enter and inspect—
(a) any premises owned or controlled by an NHS body;
(b) any other premises used, or proposed to be used, for any purpose
connected with—
(i) the provision of health care by or for an NHS body, or
(ii) the discharge of any of the functions of an NHS body.
(2) A person who proposes to exercise any power of entry or inspection conferred
by this section must if so required produce some duly authenticated documentshowing his authority to exercise the power.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI28
67 Right of entry: supplementary
(1) A person authorised by virtue of section 66 to enter and inspect premises may,
if he considers it necessary or expedient for the purposes of this Chapter—
(a) inspect, take copies of and remove from the premises any documents or
records (including personal records); 
(b) inspect any other item and remove it from the premises;
(c) interview in private— 
(i) any person working at the premises;
(ii) any person receiving health care there who consents to be
interviewed; and
(d) make any other examination in to the state and management of the
premises and treatment of persons receiving health care there.
(2) The power in subsection (1)(a) includes—
(a) power to require any person holding or  accountable for documents or
records kept on the premises to produce them; and
(b) in relation to records which are kept by means of a computer, power to
require the records to be produced in a form in which they are legibleand can be taken away.
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is
entitled to have access to, and to check the operation of, any computer and anyassociated apparatus or material which is or has been in use in connection withthe records in question.
(4) A person authorised by virtue of section 66 to enter and inspect any premises
may—
(a) require any person to afford him such facilities and assistance with
respect to matters within the person’s control as are necessary to enablehim to exercise his powers under section 66 or this section; and
(b) take such measurements and photographs and make such recordings
as he considers necessary to enable him to exercise those powers.
(5) Any person who without reasonable excuse—
(a) obstructs the exercise of any power conferred by section 66 or this
section, or
(b) fails to comply with any requirement of section 66 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
68 Power to require documents and information etc
(1) The CHAI may at any time require any person specified in subsection (2) to
provide it with any information, documents, records (including personal
records) or other items—
(a) which relates or relate to—
(i) the provision of health care by or for an NHS body, or
(ii) the discharge of any of the functions of an NHS body; and
(b) which the CHAI considers it necessary or expedient to have for the
purposes of this Chapter.
(2) The persons referred to in subsection (1) are—
(a) the NHS body;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI29
(b) any person providing health care for, or exercising functions of, the
NHS body; 
(c) a local authority.
(3) The power in subsection (1) to requir e the provision of records includes, in
relation to records kept by means of a computer, power to require theprovision of the records in legible form.
(4) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
69 Power to require explanation
(1) The Secretary of State may by regulations make provision requiring prescribed
persons to provide to the CHAI, or to persons authorised by it, an explanationof—
(a) any documents, records or items inspected, copied or provided under
sections 66 to 68,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any functions of the
CHAI under this Chapter,
in circumstances where the CHAI considers the explanation necessary or
expedient for the purposes of this Chapter.
(2) Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the CHAI.
(3) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
C
HAPTER  4
NHS HEALTH CARE :FUNCTIONS OF  NATIONAL  ASSEMBLY FOR  WALES
Reviews and investigations
70  Reviews and investigations relating to Wales
(1) The Assembly has the function of condu cting reviews of, and investigations
into, the provision of health care by and for Welsh NHS bodies.
(2) The Assembly may in partic ular under this section conduct—
(a) a review of the overall provision of health care by and for Welsh NHS
bodies;
(b) a review of the overall provision of a particular kind of health care by
and for Welsh NHS bodies;
(c) a review of, or investigation into, th e provision of any health care by or
for a particular Welsh NHS body.
(3) The Assembly has the function of conducting reviews of the arrangements
made by Welsh NHS bodies for the purpose of discharging their duty undersection 45.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales30
(4) In exercising its functions under this section in relation to any health care the
Assembly shall be concerned in particular with—
(a) the availability of, and access to, the health care;
(b) the quality and effectiveness of the health care;
(c) the financial or other management of the health care and the economy
and efficiency of its provision;
(d) the availability and quality of information provided to the public about
the health care;
(e) the need to safeguard and promote the rights and welfare of children;
and
(f) the effectiveness of measures taken for the purpose specified in
paragraph (e) by the body in question and any person who provides, oris to provide, health care for that body,
and must take into account the standards set out in statements published
under section 47.
(5) For the purposes of this section the Assembly may carry out an inspection of—
(a) any Welsh NHS body;
(b) any other person who provides, or is to provide, health care for a Welsh
NHS body (in Wales or elsewhere).
(6) Where the Assembly conducts a re view under this section it must publish a
report.
71 Reporting to Secretary of State and regulator
(1) The Assembly must report to the Secretary of State where, after conducting a
review or investigation under section 70, it is of the view that—
(a) there are significant failings in re lation to the provis ion of health care
by or for an English NHS body or cross-border SHA;
(b) there are significant failings in the running of an English NHS body or
cross-border SHA; or
(c) there are significant failings in the running of any body, or the practice
of any individual, providing health care for an English NHS body orcross-border SHA.
(2) A report under subsection (1) may include a recommendation that, with a view
to remedying the failings, the Secretary of State take special measures inrelation to—
(a) the English NHS body or cross-border SHA; and
(b) in a case falling within paragraph (c) of subsection (1), any person,
other than a Welsh NHS body, referred to in that paragraph.
(3) The Assembly must report to the regulator where, after conducting a review or
investigation under section 70, it is of the view that—
(a) there are significant failings in re lation to the provis ion of health care
by or for an NHS foundation trust;
(b) there are significant failings in the running of an NHS foundation trust;
or
(c) there are significant failings in the running of any body, or the practice
of any individual, providing health care for an NHS foundation trust.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales31
(4) A report under subsection (3) may include a recommendation that, with a view
to remedying the failings, the regulator take special measures in relation to theNHS foundation trust.
(5) A report under this section must give the Assembly’s reasons for its view and
for any recommendation made.
Ancillary powers
72 Right of entry 
(1) A person authorised to do so by the Assembly may, if the Assembly considers
it necessary or expedient for the purposes of this Chapter, at any reasonabletime enter and inspect— 
(a) any premises owned or controlled by a Welsh NHS body;
(b) any other premises used, or proposed to be used, for any purpose
connected with—
(i) the provision of health care by or for a Welsh NHS body; or
(ii) the discharge of any of the functions of a Welsh NHS body.
(2) A person who proposes to exercise any power of entry or inspection conferred
by this section must if so required produce some duly authenticated documentshowing his authority to exercise the power.
73 Right of entry: supplementary
(1) A person authorised by virtue of section 72 to enter and inspect premises may,
if he considers it necessary or expedient for the purposes of this Chapter—
(a) inspect, take copies of and remove from the premises any documents or
records (including personal records); 
(b) inspect any other item and remove it from the premises;
(c) interview in private— 
(i) any person working at the premises;
(ii) any person receiving health care there who consents to be
interviewed; and
(d) make any other examination in to the state and management of the
premises and treatment of persons receiving health care there.
(2) The power in subsection (1)(a) includes—
(a) power to require any person holding or  accountable for documents or
records kept on the premises to produce them; and
(b) in relation to records which are kept by means of a computer, power to
require the records to be produced in a form in which they are legibleand can be taken away.
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is
entitled to have access to, and to check the operation of, any computer and anyassociated apparatus or material which is or has been in use in connection withthe records in question.
(4) A person authorised by virtue of section 72 to enter and inspect any premises
may—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales32
(a) require any person to afford him such facilities and assistance with
respect to matters within the person’s control as are necessary to enablehim to exercise his powers under section 72 or this section; and
(b) take such measurements and photographs and make such recordings
as he considers necessary to enable him to exercise those powers.
(5) Any person who without reasonable excuse—
(a) obstructs the exercise of any power conferred by section 72 or this
section, or
(b) fails to comply with any requirement of section 72 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
74 Power to require documents and information
(1) The Assembly may at any time require any person specified in subsection (2)
to provide it with any information, documents, records (including personal
records) or other items—
(a) which relates or relate to—
(i) the provision of health care by or for a Welsh NHS body; or
(ii) the discharge of any of the functions of a Welsh NHS body; and
(b) which the Assembly considers it necessary or expedient to have for the
purposes of this Chapter.
(2) The persons referred to in subsection (1) are—
(a) the Welsh NHS body;
(b) any person providing health care for, or exercising functions of, the
Welsh NHS body; 
(c) a local authority in Wales.
(3) The power in subsection (1) to requir e the provision of records includes, in
relation to records kept by means of a computer, power to require theprovision of the records in legible form.
(4) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
75 Power to require explanation
(1) The Assembly may by regulations ma ke provision requiring prescribed
persons to provide to the Assembly, or to persons authorised by it, anexplanation of—
(a) any documents, records or items inspected, copied or provided under
sections 72 to 74,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any function of the
Assembly under section 70, and
in circumstances where the Assembly considers the explanation necessary or
expedient for the purposes of this Chapter.
(2) Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the Assembly.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales33
(3) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
CHAPTER  5
SOCIAL SERVICES :FUNCTIONS OF  CSCI
Provision of social services
76 Introductory
(1) The CSCI has the general function  of encouraging improvement in the
provision of English local authority social services.
(2) In exercising its functions under subsection (1) and sections 77 to 81 in relation
to the provision of such services the CSCI shall be concerned in particularwith—
(a) the availability of, and access to, the services;
(b) the quality and effectiveness of the services;
(c) the management of the services;
(d) the economy and efficiency of their provision and their value for
money; 
(e) the availability and quality of information provided to the public about
the services;
(f) the need to safeguard and promote the rights and welfare of children;
and
(g) the effectiveness of measures taken by local authorities for the purpose
specified in paragraph (f).
77 Information and advice
(1) The CSCI is to keep the Secretary of State informed about the provision of
English local authority social services.
(2) The CSCI may at any time give advice to the Secretary of State on any matter
connected with the provision of English local authority social services.
(3) The CSCI may in particular under subsection (2) give advice to the Secretary of
State on any changes which it thinks should be made, for the purpose ofsecuring improvement in the quality of services provided by local authoritiesin England in the exercise of the functions referred to in section 43(3)(a) and (b)of the Care Standards Act 2000 (c. 14) (adoption  and fostering functions), in the
standards prepared and published from time to time under section 23 of thatAct.
(4) When requested to do so by the Secretary of State, the CSCI must give him
advice or information on such matters connected with the provision of Englishlocal authority social services as may be specified in the request.
(5) The CSCI may give advice to the Secretary of State or any local authority in
England about the establishment or con duct of any inquiry held, or to be held,
by the Secretary of State or the authority in relation to the provision of English
local authority social services.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI34
78 Review of studies and research
(1) The CSCI may review—
(a) studies and research undertaken by others in relation to the provision
of English local authority social services;
(b) the methods used in such studies and research; and
(c) the validity of the conclusions drawn from such studies and research.
(2) Where the CSCI conducts a review under this section it must publish a report.
79 Annual reviews
(1) In each financial year the CSCI must conduct a review of the English local
authority social services which are provided by, or pursuant to arrangementsmade by, each local authority in England.
(2) After conducting a review under subsection (1) in respect of a local authority
the CSCI must award a performance rating to that authority. 
(3) The CSCI is to exercise its functions un der this section by reference to criteria
from time to time devised by it and approved by the Secretary of State.
(4) The CSCI must publish the criteria devised and approved from time to time
under subsection (3).
(5) The CSCI is to exercise its functions under  this section in any financial year in
accordance with any timetable specified in relation to that year by the Secretaryof State.
(6) In exercising its functions under this section the CSCI must take into account
guidance issued to local authorities under  section 7 of the Local Authority
Social Services Act 1970 (c. 42).
(7) In exercising its functions under this section in relation to the functions
referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14)(adoption and fostering functions), the CSCI must take into account thestandards prepared and published from time to time under section 23 of thatAct. 
(8) For the purposes of this section, the CSCI may carry out an inspection of— 
(a) the local authority being reviewed;
(b) any person providing an English lo cal authority social service pursuant
to arrangements made by the authority.
(9) The Secretary of State may, after consulting the CSCI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CSCI before the award of a performance rating underthis section.
80 Other reviews and investigations
(1) The CSCI has the function of conducting other reviews of, and investigations
into, the provision of English local authority social services.
(2) The CSCI may in particular under this section conduct—
(a) a review of the overall provision of English local authority social
services;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI35
(b) a review of the provision of any English local authority social service of
a particular description; or
(c) a review of, or investigation into, the provision of any English local
authority social service by a particular person or persons.
(3) If the Secretary of State so requests, the CSCI must conduct—
(a) a review under subsection (2)(a);
(b) a review under subsection (2)(b) of an English local authority social
service of such description as may be specified in the request; or
(c) a review or investigation under  subsection (2)(c) in relation to the
provision of such services as may be specified in the request by suchperson, or persons of such description, as may be so specified.
(4) In exercising its function under this section the CSCI must take into account
guidance issued to local authorities under  section 7 of the Local Authority
Social Services Act 1970 (c. 42).
(5) In exercising its function under this section in relation to the functions referred
to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoptionand fostering functions), the CSCI must take into account the standardsprepared and published from time to time under section 23 of that Act. 
(6) For the purposes of this section, the CSCI may carry out an inspection of— 
(a) any local authority in England;
(b) any other person providing an  English local authority social service.
(7) Where the CSCI conducts a review or investigation under this section, it must
publish a report.
(8) The Secretary of State may, after consulting the CSCI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CSCI before the publication of a report under thissection.
81 Failings
(1) This section applies where the CSCI conducts—
(a) a review under section 79; or
(b) a review or investigation under section 80.
(2) If under section 79 the CSCI awards the lowest performance rating to a local
authority, the CSCI 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. 
(3) If (in a case where subsection (2) does not apply) the CSCI considers that a local
authority in England is fail ing to discharge any of its social services functions
to an acceptable standard, it 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. 
(4) However, in a case falling within subsection (3), if the CSCI considers that the
failure is not substantial, it may instead—
(a) give the local authority a notice under subsection (5); andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI36
(b) inform the Secretary of State that it has done so.
(5) A notice under this subsection is a notice which specifies—
(a) the respects in which the CSCI considers that the local authority is
failing;
(b) the action which the CSCI considers the authority should take to
remedy the failure; and
(c) the time by which the CSCI considers the action should be taken.
(6) Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the
Secretary of State take special measures in relation to a local authority, theCSCI must, if the Secretary of State so requests—
(a) undertake a further review under section 80 in relation to the authority;
and
(b) include in its report under subsection (7) of that section a report on such
matters as the Secretary of State may specify. 
(7) The Secretary of State may, after consulting the CSCI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CSCI before the publication of a report under thissection.
Other functions
82 Studies as to economy, efficiency etc
(1) The CSCI has the function of promoting or undertaking comparative or other
studies designed to enable it to make recommendations—
(a) for improving economy, efficiency and effectiveness in the discharge
by local authorities in England of their social services functions;
(b) for improving the management of such local authorities in their
discharge of those functions.
(2) The CSCI may also promote or undertake studies designed to enable it to
prepare reports as to the impact of—
(a) the operation of any particular statutory provisions, or
(b) any directions or guidance gi ven by a Minister of the Crown (whether
pursuant to any such provision or otherwise),
on economy, efficiency and effectiveness in the discharge by local authorities
in England of their social services functions. 
(3) For the purposes of this section the CSCI may carry out an inspection of any
local authority in England.
(4) The CSCI must publish—
(a) any recommendations made by it under subsection (1);
(b) the result of any studies under this section.
(5) The Secretary of State may, after consulting the CSCI, by regulations make
provision as to the procedure to be followed in respect of the making ofrepresentations to the CSCI before the publication of any recommendations orthe result of any studies under this section.
(6) The CSCI must, on request, provide the Comptroller and Auditor General with
any material relevant to a study under this section.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI37
83 Joint working with Audit Commission 
(1) The CSCI and the Audit Commission may (without prejudice to any other
power they may have to do so) exercise jointly their respective functions undersection 82 above and sections 33 and 34 of the Audit Commission Act 1998
(c. 18).
(2) The CSCI and the Audit Commission must co-operate with each other with
respect to the exercise of their respective functions under section 82 above andsections 33 and 34 of the Audit Commission Act 1998.
(3) The Secretary of State may give guidance to the CSCI and the Audit
Commission as to which of them should promote or undertake studies whichcould be promoted or undertaken by either of them.
(4) The CSCI and the Audit Commission must take any such guidance into
account in the exercise of their functions.
84 Additional functions 
The CSCI is to have such additional functions as may be prescribed in relation
to the provision of English local authority social services.
Supplementary
85 Criteria
The Secretary of State may, after consulting the CSCI, make regulations
requiring the CSCI—
(a) to devise and publish statements of the criteria to be used in the exercise
of any of its functions under this Chapter (other than section 79);
(b) to consult any person specified in the regulations before publishing any
such statement; and
(c) to obtain the consent of the Secretary of State before publishing any
such statement.
86 Fees 
(1) The CSCI may from time to time make and publish provision requiring a local
authority in England to pay a fee in respect of the exercise by the CSCI, inrelation to that authority or to an English local authority social serviceprovided by, or pursuant to arrangements made by, that authority, of such ofits functions under section 79, 80 or 82 as may be prescribed. 
(2) The amount of a fee payable by virtue of provision under subsection (1) shall
be such as may be specified in, or calculated or determined under, theprovision.
(3) Provision under subsection (1) may include provision—
(a) for different fees to be paid in different cases, or classes of case;
(b) for different fees to be paid by persons of different descriptions;
(c) for the amount of a fee to be determined by the CSCI in accordance with
specified factors;
(d) for the time by which a fee must be paid.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI38
(4) The Secretary of State may by regulations make provision as to—
(a) the manner in which provision under subsection (1) is to be made and
published;
(b) the matters to be taken into account by the CSCI before making the
provision.
(5) Before making any provision under subsection (1) the CSCI must consult such
persons as appear to it appropriate.
(6) The Secretary of State may by regulations make provision for an independent
person or panel to review the amount chargeable under subsection (1) in anyparticular case and, if that person or panel thinks fit, to substitute a lesseramount for that amount.
(7) For the purpose of determining the fee payable by a local authority under
subsection (1) it must provide the CSCI wi th such information , in such form, as
the CSCI may require.
(8) A fee payable by virtue of this section may, without prejudice to any other
method of recovery, be recovered summarily as a civil debt.
87 Reports and information
(1) The CSCI must make copies of any report published by it under this Chapter
available for inspection at its offices by any person at any reasonable time.
(2) Any person who requests a copy of such a report is entitled to have one on
payment of such reasonable fee (if any) as the CSCI considers appropriate.
(3) The CSCI may charge a person such reasonable fee as it considers appropriate
where it provides him, at his request, with any other information relevant tothe discharge of the CSCI’s functions under this Chapter.
88 Right of entry 
(1) A person authorised to do so by the CSCI may, if the CSCI considers it
necessary or expedient for the purposes of  this Chapter, at any reasonable time
enter and inspect—
(a) any premises owned or controlled by a local authority in England; or
(b) any premises falling within subsection (2), other than premises used
wholly or mainly as a private dwelling.
(2) The premises referred to in subsection (1)(b) are premises—
(a) which are used, or proposed to be used, by any person in connection
with the provision of an English local authority social service; or
(b) which the CSCI reasonably believes to be so used, or proposed to be so
used.
(3) A person who proposes to exercise any power of entry or inspection conferred
by this section must if so required produce some duly authenticated documentshowing his authority to exercise the power.
89 Right of entry: supplementary
(1) A person authorised by virtue of section 88 to enter and inspect premises may,
if he considers it necessary or expedient for the purposes of this Chapter—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI39
(a) inspect, take copies of and remove from the premises any documents or
records (including personal records) relating to the discharge by thelocal authority of its social services functions;
(b) inspect any other item and remove it from the premises;
(c) interview in private— 
(i) any person working at the premises; or
(ii) any person accommodated or cared for there who consents to
be interviewed; and
(d) make any other examination in to the state and management of the
premises and treatment of persons accommodated or cared for there.
(2) The power in subsection (1)(a) includes—
(a) power to require any person holding or  accountable for documents or
records kept on the premises to produce them; and
(b) in relation to records which are kept by means of a computer, power to
require the records to be produced in a form in which they are legibleand can be taken away.
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is
entitled to have access to, and to check the operation of, any computer and anyassociated apparatus or material which is or has been in use in connection withthe records in question.
(4) A person authorised by virtue of section 88 to enter and inspect premises
may—
(a) require any person to afford him such facilities and assistance with
respect to matters within the person’s control as are necessary to enablehim to exercise his powers under section 88 or this section; and
(b) take such measurements and photographs and make such recordings
as he considers necessary to enable him to exercise those powers.
(5) Any person who without reasonable excuse—
(a) obstructs the exercise of any power conferred by section 88 or this
section, or
(b) fails to comply with any requirement of section 88 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
90 Power to require information etc 
(1) The CSCI may at any time require any person specified in subsection (2) to
provide it with any information, documents, records (including personal
records) or other items—
(a) which relates or relate to the dischar ge by a local authority in England
of its social services functions; and
(b) which the CSCI considers it necessary or expedient to have for the
purposes of this Chapter.
(2) The persons referred to in subsection (1) are—
(a) the local authority; 
(b) a person providing an English loc al authority social service for the
authority; or
(c) any NHS body.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI40
(3) The power in subsection (1) to require the provision of information includes, in
relation to records kept by means of a computer, power to require theprovision of the records in legible form.
(4) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
91 Power to require explanation
(1) The Secretary of State may by regulations make provision requiring prescribed
persons to provide to the CSCI, or to persons authorised by it, an explanationof—
(a) any documents, records or items inspected, copied or provided under
sections 88 to 90,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any functions of the
CSCI under this Chapter,
in cases where the CSCI considers the explanation necessary or expedient for
the purposes of this Chapter.
(2) Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the CSCI.
(3) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
C
HAPTER  6
SOCIAL SERVICES :FUNCTIONS OF  NATIONAL  ASSEMBLY FOR  WALES
Provision of social services
92 General function
The Assembly has the general function of encouraging improvement in the
provision of Welsh local authority social services.
93 Reviews of studies and research
(1) The Assembly may review—
(a) studies and research undertaken by others in relation to the provision
of Welsh local authority social services;
(b) the methods used in such studies and research; and
(c) the validity of conclusions drawn from such studies and research.
(2) Where the Assembly conducts a review under this section it must publish such
report as it considers appropriate.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales41
94 Reviews and investigations
(1) The Assembly has the function of condu cting reviews of, and investigations
into, the way in which local authorities in Wales discharge their social servicesfunctions. 
(2) The Assembly may in partic ular under this section conduct—
(a) a review of the overall provision of Welsh local authority social
services;
(b) a review of the provision of any Welsh local authority social service of
a particular description; or
(c) a review of, or investigation in to, the provision of any Welsh local
authority social service by a particular person or persons.
(3) The Assembly may in a review under subsection (2)—
(a) assess performance against criteria; 
(b) award performance ratings.
(4) For the purposes of this section the Assembly may carry out an inspection of— 
(a) any local authority in Wales;
(b) any other person providing a Welsh local authority social service.
(5) Where the Assembly conducts a review or  investigation under this section, it
must publish a report.
(6) The Assembly may by regulations require a local authority in Wales to pay a
fee to the Assembly in respect of the exercise of the Assembly’s function underthis section in relation to the functions re ferred to in section 43(3)(a) and (b) of
the Care Standards Act 2000 (c. 14) (ado ption and fostering functions).
(7) A fee under this section shall be of such amount, and shall be payable at such
a time, as may be specified in the regulations.
(8) A fee payable by virtue of this section may, without prejudice to any other
method of recovery, be recovered summarily as a civil debt.
95 Studies as to economy, efficiency etc
(1) The Assembly has the function of promoting or undertaking comparative or
other studies designed to enable it to make recommendations—
(a) for improving economy, efficiency and effectiveness in the discharge
by local authorities in Wales of their social services functions;
(b) for improving the management of  such local authorities in the
discharge of those functions.
(2) The Assembly may also promote or undertake studies designed to enable it to
prepare reports as to the impact of the operation of any particular statutoryprovisions on economy, efficiency and effectiveness in the discharge by localauthorities in Wales of their social services functions.
(3) The Assembly must publish or otherwise make available—
(a) any recommendations made by it under subsection (1); and
(b) a report on the result of any studies under this section.
(4) The Assembly and the Audit Commission must co-operate with each other
with respect to the exercise of their respective functions under this section andsections 33 and 34 of the Audit Commission Act 1998 (c. 18).Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales42
96 Additional functions 
The Assembly shall have such additional functions in relation to the provision
of Welsh local authority social services as—
(a) correspond to functions conferred on the CSCI by or under this Act;
and
(b) are specified by the Assembly in regulations.
97 General considerations
(1) This section applies for the purpose of the exercise by the Assembly of its
functions—
(a) under sections 92 to 95; and
(b) under regulations under section 96.
(2) The Assembly shall be concerned in particular with—
(a) the availability of, and access to, the services;
(b) the quality and effectiveness of the services;
(c) the management of the services;
(d) the economy and efficiency of their provision and their value for
money;
(e) the availability and quality of information provided to the public about
the services;
(f) the need to safeguard and promote the rights and welfare of children;
and
(g) the effectiveness of measures taken by local authorities for the purpose
specified in paragraph (f). 
Ancillary powers
98 Right of entry 
(1) A person authorised to do so by the Assembly may, if the Assembly considers
it necessary or expedient for the purposes of this Chapter, at any reasonabletime enter and inspect—
(a) any premises owned or controlled by a local authority in Wales;
(b) any premises falling within subsection (2), other than premises used
wholly or mainly as a private dwelling.
(2) The premises referred to in subsection (1)(b) are premises—
(a) which are used, or proposed to be used, by any person in connection
with the provision of a Welsh local authority social service; or
(b) which the Assembly reasonably believes to be so used, or proposed to
be so used.
(3) A person who proposes to exercise any power of entry or inspection conferred
by this section must if so required produce some duly authenticated documentshowing his authority to exercise the power.
99 Right of entry: supplementary
(1) A person authorised by virtue of section 98 to enter and inspect premises may,
if he considers it necessary or expedient for the purposes of this Chapter—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales43
(a) inspect, take copies of and remove from the premises any documents or
records (including personal records) relating to the discharge by thelocal authority of its social services functions;
(b) inspect any other item and remove it from the premises;
(c) interview in private— 
(i) any person working at the premises; or
(ii) any person accommodated or cared for there who consents to
be interviewed; and
(d) make any other examination in to the state and management of the
premises and treatment of persons accommodated or cared for there.
(2) The power in subsection (1)(a) includes—
(a) power to require any person holding or  accountable for documents or
records kept on the premises to produce them; and
(b) in relation to records which are kept by means of a computer, power to
require the records to be produced in a form in which they are legibleand can be taken away.
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is
entitled to have access to, and to check the operation of, any computer and anyassociated apparatus or material which is or has been in use in connection withthe records in question.
(4) A person authorised by virtue of section 98 to enter and inspect premises
may—
(a) require any person to afford him such facilities and assistance with
respect to matters within the person’s control as are necessary to enablehim to exercise his powers under section 98 or this section;
(b) take such measurements and photographs and make such recordings
as he considers necessary to enable him to exercise those powers.
(5) Any person who without reasonable excuse—
(a) obstructs the exercise of any power conferred by section 98 or this
section, or
(b) fails to comply with any requirement of section 98 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
100 Power to require information
(1) The Assembly may at any time require any person specified in subsection (2)
to provide it with any information, documents, records (including personal
records) or other items—
(a) which relates or relate to the discharge by a local authority in Wales of
its social services functions; and
(b) which the Assembly considers it necessary or expedient to have for the
purpose of any of its functions under this Chapter.
(2) The persons referred to in subsection (1) are—
(a) the local authority; 
(b) a person providing a Welsh local authority social service for the
authority; or
(c) any NHS body.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales44
(3) The power in subsection (1) to require the provision of information includes, in
relation to records kept by means of a computer, power to require theprovision of the records in legible form.
(4) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
101 Power to require explanation
(1) The Assembly may by regulations ma ke provision requiring prescribed
persons to provide to the Assembly, or to persons authorised by it, anexplanation of—
(a) any documents, records or items inspected, copied or produced under
sections 98 to 100,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any functions of the
Assembly under this Chapter,
in cases where the Assembly considers the explanation necessary or expedient
for the purposes of this Chapter.
(2) Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the Assembly.
(3) Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
C
HAPTER  7
FUNCTIONS UNDER THE  CARE STANDARDS  ACT 2000
Functions of CHAI and CSCI
102 Transfer of functions to CHAI and CSCI
(1) The functions of the National Care Standards Commission under Part 2 of the
Care Standards Act 2000 (c. 14) (registration and standards) are transferred inaccordance with subsections (2) and (3).
(2) Its functions under that Part are transferred to the CHAI insofar as they relate
to—
(a) independent hospitals;
(b) independent clinics; and
(c) independent medical agencies.
(3) Its functions under that Part are transferred to the CSCI insofar as they relate
to—
(a) children’s homes;
(b) care homes;
(c) residential family centres;
(d) domiciliary care agencies;
(e) nurses agencies;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 200045
(f) fostering agencies; 
(g) voluntary adoption agencies; and
(h) adoption support agencies.
(4) In relation to any period after the coming into force of this subsection but
before the coming into force of sections 80 and 81, the functions of the NationalCare Standards Commission under Part 3 of that Act are transferred to theCSCI.
103 General functions of CHAI
In the Care Standards Act 2000 (c. 14), after section 5 insert—
“5A General duties of Commission for Healthcare Audit and Inspection
(1) The Commission for Healthcare Audit and Inspection (referred to in
this Act as “the CHAI”) shall have the general duty of keeping theSecretary of State informed about—
(a) the provision in England of independent health services; and
(b) in particular, the availability and quality of the services.
(2) The CHAI shall have the general duty of encouraging improvement in
the quality of independent health services provided in England.
(3) The CHAI shall make information about independent health services
provided in England available to the public.
(4) When asked to do so by the Secretary of State, the CHAI shall give him
advice or information on such matters relating to the provision in
England of independent health services as may be specified in hisrequest.
(5) The CHAI may at any time give advice to the Secretary of State on—
(a) any changes which the CHAI thinks should be made, for the
purpose of securing improvement in the quality of independenthealth services provided in England, in the standards set out instatements under section 23;
(b) any other matter connected with the provision in England of
such services.
(6) In the exercise of its functions under this Act the CHAI must have
particular regard to the need to safeguard and promote the rights andwelfare of children.
(7) The Secretary of State may by regulations confer additional functions
on the CHAI in relation to the provision in England of independenthealth services.
(8) In this section “independent health services” means services of the kind
provided by persons for whom the CHAI is the registration authority.”
104 General functions of CSCI
In the Care Standards Act 2000, after section 5A (inserted by section 103 above)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 200046
insert—
“5B General duties of Commission for Social Care Inspection
(1) The Commission for Social Care Inspection (referred to in this Act as
“the CSCI”) shall have the general duty of keeping the Secretary of Stateinformed about—
(a) the provision in England of registered social care services; and
(b) in particular, the availability and quality of the services.
(2) The CSCI shall have the general duty of encouraging improvement in
the quality of registered social care services provided in England.
(3) The CSCI shall make information about registered social care services
provided in England available to the public.
(4) When asked to do so by the Secretary of State, the CSCI shall give him
advice or information on such matters relating to the provision in
England of registered social care services as may be specified in hisrequest.
(5) The CSCI may at any time give advice to the Secretary of State on—
(a) any changes which the CSCI thinks should be made, for the
purpose of securing improvement in the quality of registeredsocial care services provided in England, in the standards setout in statements under section 23;
(b) any other matter connected with the provision in England of
registered social care services.
(6) In the exercise of its functions under this Act the CSCI must have
particular regard to the need to safeguard and promote the rights andwelfare of children.
(7) The Secretary of State may by regulations confer additional functions
on the CSCI in relation to the provision in England of registered socialcare services.
(8) In this section, “registered social care services” means services of the
kind provided by persons for whom the CSCI is the registrationauthority.”
105  Fees 
(1) The Care Standards Act 2000 (c. 14) is amended as follows.(2) After section 113 insert—
“113A Fees payable under Part 2
(1) The CHAI and the CSCI may each  from time to time make and publish
provision determining the amount of any fee payable to it under Part 2.
(2) Provision under subsection (1) may include provision—
(a) for different amounts to be payable in different cases, or classes
of case;
(b) for different amounts to be payable by persons of different
descriptions.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 200047
(3) Before the CHAI or the CSCI makes any provision under subsection (1)
it must consult such bodies as appear to it to be representative of thepersons liable to pay the fee.
(4) No provision may be made under subsection (1) without the consent of
the Secretary of State. 
(5) If the Secretary of State considers it necessary or desirable to do so, he
may by regulations make provision determining the amount of a feepayable to the CHAI or the CSCI under Part 2 instead of the amount forwhich provision is made under subsection (1).
(6) Before making any regulations under subsection (5) in respect of fees
payable to the CHAI or the CSCI, the Secretary of State shall consultthat body and such other persons as appear to him to be appropriate.”
(3) In section 12 (applications for registrat ion), in subsection (2), for “a fee of the
prescribed amount” substitute “a fee of the amount determined under section113A, where the registration authority is the CHAI or the CSCI, or of theprescribed amount, where the registration authority is the Assembly.”
(4) In section 15 (other applications), in  subsection (3) for “a fee of such amount as
may be prescribed” substitute “a fee of—
(a) the amount determined under section 113A, where the
registration authority is the CHAI or the CSCI; or
(b) the prescribed amount, where the registration authority is the
Assembly.”
(5) In that section, in subsection (5)—
(a) for “subsection (3)” substitute “subsection (3)(b)”; and
(b) for “the registration authority” substitute “the Assembly”.
(6) In section 16 (regulations about regis tration), for subsection (3) substitute—
“(3) Persons registered under this Part must also pay to the registration
authority, at such time as may be prescribed, an annual fee—
(a) of such amount as may be determined under section 113A,
where the registration authority is the CHAI or the CSCI; and
(b) of such amount as may be prescribed, where the registration
authority is the Assembly.”
(7) In section 22(7)(i) (fees in respect of notification of variation of corporate
ownership etc), for the words from “of a fee” to the end substitute “, in respectof any notification required to be made by virtue of paragraph (h), of a fee of— 
(i) such amount as may be determined under section 113A,
where notification is made to the CHAI or the CSCI; or
(ii) the prescribed amount, where notification is made to the
Assembly”.
Miscellaneous
106 Meaning of “independent medical agency”
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical
agency” does not include an independent clin ic), after “clinic” insert “or an
independent hospital”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 200048
107 Children’s homes providing secure accommodation
(1) In section 4 of the Care Standards Ac t 2000 (c. 14) (basic definitions), in
subsection (8)(a) (references to a description of establishment), after “children’shome” insert “, a children’s home pr oviding accommodation for the purpose
of restricting liberty,”.
(2) In section 22 of that Act (regulations ), in subsection (8) (regulations relating to
children’s homes)—
(a) omit paragraph (a), and
(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “of
restricting liberty”.
108 Information and inspection 
(1) Section 31 of the Care Standards Ac t 2000 (inspections by persons authorised
by registration authority) is amended as follows.
(2) After subsection (1), insert—
“(1A) The power under subsection (1) to require the provision of information
includes—
(a) power to require the provision of copies of any documents or
records (including medical and other personal records); and
(b) in relation to records kept by means of a computer, power to
require the provision of the records in legible form.”
(3) In subsection (3)—
(a) in paragraph (b), for “(other than medical records)” substitute
“(including medical and other personal records)”; and
(b) in paragraph (d), for “employed” substitute “working”.
(4) In subsection (6), omit “and inspect any medical records relating to his
treatment in the establishment”. 
109 Assembly: duties relating to children
In section 8 of the Care Standards Act 2 000 (general functions of the Assembly),
at the end insert—
“(6)  The Assembly must have particular regard to the need to safeguard
and promote the rights and welfare of children in the exercise of—
(a) its functions exercisable by virtue of section 5(b) and
subsections (1) to (3) of this section; and
(b) any other functions exercisable by the Assembly corresponding
to functions exercisable by the CSCI in relation to England.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 8 — Other functions of CSCI49
CHAPTER  8
OTHER FUNCTIONS OF  CSCI
110 Boarding schools and colleges
The functions of the National Care Standards Commission under section 87 of
the Children Act 1989 (c. 41) (welfare of children accommodated in boardingschools and colleges) are transferred to the CSCI.
111 Boarding schools and colleges: reports
In section 87 of the Children Act 1989, after subsection (9) insert—
“(9A) Where the Commission or the National Assembly for Wales exercises
the power conferred by subsection (5) in relation to a child, it mustpublish a report on whether the child’s welfare is adequatelysafeguarded and promoted while he is accommodated by the school orcollege.
(9B) Where the Commission or the National Assembly for Wales publishes
a report under this section, it must—
(a) send a copy of the report to the school or college concerned; and
(b) make copies of the report available for inspection at its offices
by any person at any reasonable time.
(9C) Any person who requests a copy of a report published under this
section is entitled to have one on payment of such reasonable fee (ifany) as the Commission or the National Assembly for Wales (as thecase may be) considers appropriate.”
112 Secure training centres
(1) The CSCI and the Secretary of State may make arrangements for the CSCI to
conduct inspections of secure training centres in England.
(2) Inspections under this section shall be on such terms, including terms as to
payment of the CSCI, as the CSCI and Secretary of State may agree in thearrangements. 
(3) In this section, “secure training centre” has the same meaning as in section
43(1)(d) of the Prison Act 1952 (c. 52).
C
HAPTER  9
COMPLAINTS
113 Complaints about health care
(1) The Secretary of State may by regulations make provision about the handling
and consideration of complaints made under the regulations about— 
(a) the exercise of any of the functions of an English NHS body or a cross-
border SHA; 
(b) the provision of health care by or for such a body;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints50
(c) the provision of services by such a body or any other person in
pursuance of arrangements made by the body under section 31 of theHealth Act 1999 (c. 8) in relation to the exercise of the health-relatedfunctions of a local authority.
(2) The Assembly may by regulations make provision about the handling and
consideration of complaints made under the regulations about— 
(a) the exercise of any of the functions of a Welsh NHS body;
(b) the provision of health care by or for a Welsh NHS body;
(c) the provision of services by a Welsh NHS body or any other person in
pursuance of arrangements made by the body under section 31 of theHealth Act 1999 in relation to the exercise of the health-related
functions of a local authority.
(3) Regulations under this section may provide for a complaint to be considered
by one or more of the following—
(a) an NHS body;
(b) the CHAI;
(c) an independent lay person;
(d) an independent panel established under the regulations;
(e) any other person or body.
(4) Regulations under this section may make provision for a complaint or any
matter raised by a complaint—
(a) to be referred to a Health Service Commissioner for him to consider
whether to investigate the complaint or matter under the HealthService Commissioners Act 1993 (c. 46) (and to be treated by him as acomplaint duly referred to him under section 10 of that Act);
(b) to be referred to any other person or body for him or it to consider
whether to take any action otherwise than under the regulations.
114 Complaints about social services
(1) The Secretary of State may by regulations make provision about the handling
and consideration of complaints made under the regulations about— 
(a) the discharge by a local authority in England of any of its social services
functions; 
(b) the provision of services by another person pursuant to arrangements
made by such an authority in the discharge of those functions;
(c) the provision of services by such an authority or any other person in
pursuance of arrangements made by the authority under section 31 ofthe Health Act 1999 in relation to th e functions of an NHS body (within
the meaning of that section).
(2) Regulations under subsection (1) may provide for a complaint to be considered
by one or more of the following—
(a) the local authority in respect of  whose functions the complaint is made;
(b) the CSCI;
(c) an independent panel established under the regulations;
(d) any other person or body.
(3) The Assembly may by regulations make provision about the handling and
consideration of complaints made under the regulations about— Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints51
(a) the discharge by a local authority in Wales of any of its social services
functions; 
(b) the provision of services by another person pursuant to arrangements
made by such an authority in the discharge of those functions;
(c) the provision of services by such an authority or any other person in
pursuance of arrangements made by the authority under section 31 ofthe Health Act 1999 (c. 8) in rela tion to the functions of an NHS body
(within the meaning of that section).
(4) Regulations under subsection (3) may provide for a complaint to be considered
by one or more of the following—
(a) the local authority in respect of  whose functions the complaint is made;
(b) an independent panel established under the regulations;
(c) any other person or body.
(5) Regulations under this section may provide for a complaint or any matter
raised by a complaint—
(a) in the case of regulations under subsection (1), to be referred to a Local
Commissioner under Part 3 of the Local Government Act 1974 (c. 7)who is a member of the Commission for Local Administration inEngland for him to consider whether to investigate the complaint ormatter under that Part (and to be treated as if it had been duly madeunder section 26 of that Act);
(b) in the case of regulations under subsection (3), to be referred to a Local
Commissioner under Part 3 of the Local Government Act 1974 who is amember of the Commission for Local Administration in Wales for himto consider whether to investigate the complaint or matter under thatPart (and to be treated as if it had been duly made under section 26 ofthat Act);
(c) to be referred to any other person or body for him or it to consider
whether to take any action otherwise than under the regulations.
(6) Regulations under this section may not make provision about complaints
capable of being considered as representations under section 24D or section 26of the Children Act 1989 (c. 41).
115 Complaints regulations: supplementary
(1) Regulations under subsection (1) or (2) of section 113 or under subsection (1) or
(3) of section 114 (“the regulations”) may, without prejudice to the generalityof the subsection under which they are made, make the following provision.
(2) The regulations may make provision about—
(a) the persons who may make a complaint;
(b) the complaints which may, or may  not, be made under the regulations;
(c) the persons to whom complaints may be made;
(d) complaints which need not be considered;
(e) the period within which complaints must be made;
(f) the procedure to be followed in making, handling and considering a
complaint;
(g) matters which are excluded from consideration;
(h) the making of a report or recommendations about a complaint;
(i) the action to be taken as a result of the complaint.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints52
(3) The regulations may require—
(a) the making of a payment, in relation to the consideration of a complaint
under the regulations, by any person or body in respect of whom thecomplaint is made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the
regulations; and
(ii) of such amount as may be specified in, or calculated or
determined under, the regulations;
(c) an independent panel to review the amount chargeable under
paragraph (a) in any particular case and, if the panel thinks fit, tosubstitute a lesser amount.
(4) The regulations may require any person or body who handles or considers
complaints under the regulations to make  information available to the public
about the procedures to be followed under the regulations.
(5) The regulations may also—
(a) provide for different parts or aspects of a complaint to be treated
differently;
(b) require the production of information or documents in order to enable
a complaint to be properly considered;
(c) authorise the disclosure of informati on or documents relevant to a
complaint to a person or body—
(i) who is considering a complaint under the regulations; or
(ii) to whom a complaint has been referred;
and any such disclosure may be authorised notwithstanding any rule
of common law that would otherwise prohibit or restrict the disclosure.
(6) The regulations may make provision about complaints which raise both
matters falling to be considered under the regulations and matters falling to beconsidered under other statutory complaints procedures, including inparticular provision for—
(a) enabling such a complaint to be made under the regulations; and
(b) securing that matters falling to be considered under other statutory
complaints procedures are treated as if they had been raised in acomplaint made under the appropriate procedures;
and in this subsection “statutory complaints procedures” means procedures
established by or under any enactment.
116 Further consideration of representations under the Children Act 1989
(1) In the Children Act 1989 (c. 41), after section 26 (representations) insert—
“26ZA Representations: further consideration
(1) The Secretary of State may by regulations make provision for the
further consideration of representations which have been consideredby a local authority in England under section 24D or section 26.
(2) The regulations may in particular make provision—
(a) for the further consideration of a representation by the
Commission for Social Care Inspection (“the CSCI”);Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints53
(b) for a representation to be referred by the CSCI for further
consideration by an independent panel established under theregulations;
(c) about the procedure to be followed on the further consideration
of a representation;
(d) for the making of recommendations about the action to be taken
as the result of a representation;
(e) about the making of reports about a representation;
(f) about the action to be taken by the local authority concerned as
a result of the further consideration of a representation;
(g) for a representation to be referred by the CSCI back to the local
authority concerned for reconsideration by the authority;
(h) for a representation or any matter raised by the representation
to be referred by the CSCI— 
(i) to a Local Commissioner in England for him to consider
whether to investigate the representation or matterunder Part 3 of the Local Government Act 1974 as if itwere a complaint duly made under section 26 of thatAct; or
(ii) to any other person or body for him or it to consider
whether to take any action otherwise than under theregulations.
(3) The regulations may require—
(a) the making of a payment, in relation to the further
consideration of a representation under this section, by anylocal authority in respect of whose functions the representationis made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the
regulations;
(ii) of such amount as may be specified in, or calculated or
determined under, the regulations;
(c) an independent panel to review the amount chargeable under
paragraph (a) in any particular case and, if the panel thinks fit,to substitute a lesser amount.
(4) The regulations may also—
(a) provide for different parts or aspects of a representation to be
treated differently;
(b) require the production of information or documents in order to
enable a representation to be properly considered;
(c) authorise the disclosure of information or documents relevant
to a representation—
(i) to a person or body who is further considering a
representation under the regulations; or
(ii) to a Local Commissioner in England (when a
representation is referred to him under the regulations);
and any such disclosure may be authorised notwithstanding
any rule of common law that would otherwise prohibit orrestrict the disclosure.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints54
(5) In this section, “Local Commission er in England” means a Local
Commissioner under Part 3 of the Local Government Act 1974 (c. 7),who is a member of the Commission for Local Administration inEngland.”
(2) After section 26ZA of that Act (as inserted by subsection (1)) insert—
“26ZB Representations: further consideration (Wales)
(1) The Secretary of State may by regulations make provision for the
further consideration of representations which have been consideredby a local authority in Wales un der section 24D or section 26.
(2) The regulations may in particular make provision—
(a) for the further consideration of a representation by an
independent panel established under the regulations;
(b) about the procedure to be followed on the further consideration
of a representation;
(c) for the making of recommendations about the action to be taken
as the result of a representation;
(d) about the making of reports about a representation;
(e) about the action to be taken by the local authority concerned as
a result of the further consideration of a representation;
(f) for a representation to be referred back to the local authority
concerned for reconsideration by the authority.
(3) The regulations may require—
(a) the making of a payment, in relation to the further
consideration of a representation under this section, by anylocal authority in respect of whose functions the representationis made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the
regulations;
(ii) of such amount as may be specified in, or calculated or
determined under, the regulations; and
(c) for an independent panel to review the amount chargeable
under paragraph (a) in any particular case and, if the panelthinks fit, to substitute a lesser amount.
(4) The regulations may also—
(a) provide for different parts or aspects of a representation to be
treated differently;
(b) require the production of information or documents in order to
enable a representation to be properly considered;
(c) authorise the disclosure of information or documents relevant
to a representation to a person or body who is furtherconsidering a representation under the regulations;
and any such disclosure may be authorised notwithstanding any rule
of common law that would otherwise prohibit or restrict thedisclosure.”
(3) In section 26A of that Act (requirement on local authorities to provide
assistance for persons making representations under section 24D and sectionHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 9 — Complaints55
26), after subsection (2) insert—
“(2A) The duty under subsection (1) includes a duty to make arrangements
for the provision of assistance where representations under section 24Dor 26 are further considered under section 26ZA or 26ZB.”
117 Representations relating to special guardianship support services
(1) In section 26 of the Children Act 1989 (c. 41) (representations), after subsection
(3B) insert—
“(3C) The duty under subsection (3) extends to any representations
(including complaints) which are made to the authority by—
(a) a child with respect to whom a special guardianship order is in
force,
(b) a special guardian or a parent of such a child,
(c) any other person the authority consider has a sufficient interest
in the welfare of such a child to warrant his representationsbeing considered by them, or
(d) any person who has applied for an assessment under section
14F(3) or (4),
about the discharge by the authority of such functions under section
14F as may be specified by the Secretary of State in regulations.”
(2) Section 14G of that Act (special guardianship support services:
representations) shall cease to have effect.
118 Complaints about handling of complaints 
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of
Commissioners), after subsection (1D) insert—
“(1E) Where a complaint is duly made to a Commissioner by or on behalf of
a person that the person has susta ined injustice or hardship in
consequence of maladministration by any person or body in the
exercise of any function under section  113 of the Health and Social Care
(Community Health and Standards) Act 2003 (complaints about healthcare), the Commissioner may, subject to the provisions of this Act,investigate the alleged maladministration.”
119 Complaints: data protection
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the
end insert—
“(6) Personal data processed for the purpose of the function of considering
a complaint under section 113(1) or (2) or 114(1) or (3) of the Health andSocial Care (Community Health and Standards) Act 2003, or section24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from thesubject information provisions in any case to the extent to which theapplication of those provisions to the data would be likely to prejudicethe proper discharge of that function.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general56
CHAPTER  10
SUPPLEMENTARY AND GENERAL
Joint working
120 Co-operation etc
(1) The CHAI and the CSCI must co-operate with each other where it seems to
them appropriate to do so for the efficient and effective discharge of theirrespective functions.
(2) The CHAI and the CSCI must, in prescribed circumstances, consult each other
in relation to the proposed exercise of their functions.
(3) The CHAI and the CSCI may each delegate to the other any of its functions to
be exercised by the other on its behalf.
(4) The CHAI and the CSCI may, subject to such conditions as may be prescribed,
enter into arrangements for the pooling of financial resources whenever theyconsider it appropriate to do so.
121 Reviews and investigations
(1) The CHAI and the CSCI may exercise any of their powers to conduct reviews
and investigations under this Part in  conjunction with each other. 
(2) The CHAI may conduct a review or investigation under this Part, or undertake
a study under section 57, in conjunct ion with a review, investigation or study
relating to any functions of an NHS body, or to any health care provided by orfor an NHS body, which is being conducted by any other public authority.
(3) The CSCI may conduct a review or investigation under this Part, or a study
under section 82 in conjunction with a review, investigation or study relatingto any other functions of a local auth ority which is being conducted by any
other public authority.
(4) Where a review, investigation or study is being conducted by the CHAI in
conjunction with any other authority pur suant to this section, any report which
under this Part the CHAI is required to publish in relation to the review,investigation or study may consist of  a joint report by the CHAI and the other
authority as to all the matters being investigated by both of them. 
(5) Where a review, investigation or  study is being conducted by the CSCI in
conjunction with any other authority pur suant to this section, any report which
under this Part the CSCI is required to publish in relation to the review,investigation or study may consist of a joint report by the CSCI and the other
authority as to all the matters being investigated by both of them.
(6) This section is without prejudice to any other powers of the CHAI or the CSCI.
122 Joint annual reviews
(1) Regulations made by the Secretary of State may provide that, where services of
a description specified in the regulations are provided under arrangementsunder section 31 of the Health Act 1999 (c. 8), the CHAI and the CSCI shall
jointly—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general57
(a) review the provision by the parties to the arrangements of such services
as may be specified in the regulations;
(b) award a performance rating in respect of those services.
(2) The regulations may provide that the CHAI and the CSCI are to exercise their
functions under this section—
(a) at such times as may be specified in the regulations;
(b) by reference to criteria determined by the CHAI and the CSCI and
approved by the Secretary of State.
(3) The regulations may require the CHAI and the CSCI to publish a report after
conducting a review under this section.
123 Power to assist 
( 1 ) T h e  C H A I  o r  t h e  C S C I  m a y  i f  i t  t h i n k s  i t  a p p r o p r i a t e  t o  d o  s o  p r o v i d e
assistance to any other public authority in the United Kingdom for the purposeof the exercise by that authority of its functions. 
(2) Assistance provided by the CHAI or the CSCI under this section may be
provided on such terms, including terms as to payment, as it thinks fit.
Arrangements with public authorities
124 Arrangements with Ministers etc: CHAI
(1) Arrangements may be made between the CHAI and a Minister of the Crown —
(a) for the CHAI to perform any of its functions in relation to any
prescribed health scheme for which the Minister has responsibility; or
(b) for the CHAI to provide services or facilities in so far as they are
required by the Minister in connection with any such health scheme.
(2) Arrangements may be made between the CHAI and a Northern Ireland
Minister—
(a) for the CHAI to perform on behalf of the Minister any functions of the
Minister which—
(i) correspond to any functions of the CHAI; and
(ii) relate to the Northern Irish health service;
(b) for the CHAI to provide services or facilities in so far as they are
required by the Minister in connection with the exercise by him of anysuch functions.
(3) Arrangements under this section may be made on such terms and conditions
as may be agreed between the parties to the arrangements.
(4) Those terms and conditions may include provision with respect to the making
of payments to the CHAI in respect of the cost to it of performing or providingany functions, services or facilities under the arrangements.
(5) Any arrangements under subsection (2)(a) are not to affect the responsibility of
the Northern Ireland Minister on whose behalf any functions are exercised.
(6) In this section—
“health scheme” means any scheme which appears to the Secretary of
State to be a health or medical scheme paid for out of public funds;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general58
“Northern Ireland Minister” includes the First Minister, the deputy First
Minister and a Northern Ireland department;
“Northern Irish health service” means any of the health services under
any enactment which extends to Northern Ireland and whichcorresponds to section 1(1) of the 1977 Act. 
125 Arrangements with Ministers etc: CSCI
(1) Arrangements may be made between the CSCI and a Minister of the Crown—
(a) for the CSCI to advise the Minister with respect to the provision of any
services for which the Minister has responsibility which are similar toEnglish local authority social services; or
(b) for the CSCI to review, and co nduct inspections in relation to, the
provision of any such services. 
(2) Arrangements may be made between the CSCI and a Northern Ireland
Minister for the CSCI to advise and assist the Northern Ireland Minister withrespect to the provision of any services for which the Minister hasresponsibility which are similar to Engl ish local authority social services.
(3) Arrangements under this section may be made on such terms and conditions
as may be agreed between the parties to the arrangements.
(4) Those terms and conditions may include provision with respect to the making
of payments to the CSCI in respect of the cost to it of performing or providingany functions, services or facilities under the arrangements.
(5) In this section “Northern Ireland Minister” has the same meaning as in section
124.
126 Arrangements with the Isle of Man and Channel Islands: CHAI
(1) The CHAI may make arrangements with—
(a) the Government of the Isle of Man,
(b) the States of Jersey, or
(c) the States of Guernsey,
for the CHAI to advise and assist that authority with respect to the provision
of health care by them or on their behalf.
(2) The terms and conditions of arrangements under this section may include
provision with respect to the making of payments to the CHAI in respect of thecost to it of performing or providing any functions, services or facilities underthe arrangements.
127 Arrangements with the Isle of Man and Channel Islands: CSCI
(1) The CSCI may make arrangements with—
(a) the Government of the Isle of Man,
(b) the States of Jersey, or
(c) the States of Guernsey,
for the CSCI to advise and assist that authority with respect to the provision of
any services which are similar to English local authority social services.
(2) The terms and conditions of arrangements under this section may include
provision with respect to the making of payments to the CSCI in respect of theHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general59
cost to it of performing or providing any functions, services or facilities under
the arrangements.
Reports
128 Reports: CHAI
(1) As soon as possible after the end of each financial year the CHAI must make a
report on each of the following—
(a) the way in which it has exercised its functions during the year;
(b) the provision of health care by or for NHS bodies;
(c) what it has found in the course of exercising its functions during the
year in relation to the persons for whom it is the registration authorityunder the Care Standards Act 2000 (c. 14).
(2) The CHAI must lay before Parliament a copy of each report made under this
section.
( 3 ) T h e  C H A I  m u s t  s e n d  a  c o p y  o f  e a c h  re p o rt  m a d e  u n d e r  t h i s  s e c t i o n  t o  t h e
Secretary of State and the Assembly.
(4) The CHAI must also provide the Secretary of State with such reports and
information relating to the exercise of its functions as he may from time to timerequest.
129 Reports: CSCI
(1) As soon as possible after the end of each financial year the CSCI must make a
report on each of the following—
(a) the way in which it has exercised its functions during the year;
(b) what it has found in the course of exercising its functions during the
year.
(2) The CSCI must lay before Parliament a copy of each report made under this
section.
(3) The CSCI must send a copy of each such report to the Secretary of State.
(4) The CSCI must also provide the Secretary of State with such reports and
information relating to the exercise of its functions as he may from time to timerequire.
Relationship with government
130 Duty to have regard to government policy: CHAI
(1) In exercising any of its functions the CHAI must have regard to such aspects of
government policy as the Secretary of State may direct.
(2) Subsection (1) does not apply in relation to any of the CHAI’s functions under
section 48(1), 49, 51 or 53.
(3) In exercising any of its functions under any of the sections referred to in
subsection (2)—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general60
(a) where the exercise relates to the provision of health care by or for an
English NHS body or cross-border SHA, the CHAI must have regard tosuch aspects of government policy as the Secretary of State may direct;and
(b) where the exercise relates to the provision of health care by or for a
Welsh NHS body, the CHAI must have regard to such aspects of theAssembly’s policy as the Assembly may direct.
(4) In relation to any function conferred on the CHAI under subsection (1)(a) of
section 58, regulations under that section may do either or both of thefollowing—
(a) they may disapply subsection (1) of this section in relation to that
function;
(b) they may require the CHAI, in exercising the function in relation to the
provision of health care by or for a Welsh NHS body, to have regard tosuch aspects of the Assembly’s policy as the Assembly may direct.
(5) A direction under this section—
(a) must be given in writing;
(b) may be varied or revoked by a further direction under this section.
131 Duty to have regard to government policy: CSCI
(1) In exercising any of its functions the CSCI must have regard to such aspects of
government policy as the Secretary of State may direct in writing.
(2) A direction given under this section may be varied or revoked by a further such
direction.
132 Failure in discharge of functions: CHAI
(1) Where the Secretary of State considers that the CHAI is to a significant extent—
(a) failing to discharge any of its functions under this Act; or
(b) failing properly to discharge any of those functions;
he may give a direction to the CHAI.
(2) The Secretary of State must consult the Assembly before giving a direction
under this section in respect of a failure which—
(a) relates to any function of the CHAI under section 48(1), 49, 51 or 53; and
(b) relates to the provision of health care by or for a Welsh NHS body.
(3) Regulations under section 58 may, in relation to any function conferred on the
CHAI under subsection (1)(a) of that section, provide that—
(a) the Assembly, and not the Secretary of State, may give directions to the
CHAI under subsection (1);
(b) the Assembly, as well as the Secretary of State, may give directions to
the CHAI under subsection (1). 
(4) The CHAI must comply with any direction given to it under this section.(5) A direction given under this section—
(a) must be given in writing;
(b) may be varied or revoked by a further direction under this section.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
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Chapter 10 — Supplementary and general61
133 Failure in discharge of functions: CSCI
(1) Where the Secretary of State considers that the CSCI is to a significant extent— 
(a) failing to discharge any of its functions under this Act or the Children
Act 1989 (c. 41), or
(b) failing properly to discharge any of those functions,
he may give it a direction in writing.
(2) The CSCI must comply with any such direction.(3) A direction given under this section may be varied or revoked by a further such
direction.
Inquiries
134 Inquiries: CHAI
(1) The Secretary of State may cause an inquiry to be held into any matter
connected with the exercise by the CHAI of any of its functions.
(2) The Assembly may cause an inquiry to be held into any matter connected with
the exercise by the CHAI of any of its functions in relation to any health careprovided by or for a Welsh NHS body.
(3) Before an inquiry is begun, the Secretary of State or (in the case of an inquiry
under subsection (2)) the Assembly may give a direction that it be held inprivate.
(4) Where no such direction has been given, the person holding the inquiry may if
he thinks fit hold it, or any part of it, in private.
(5) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(powers in relation to local inquiries) apply in relation to an inquiry under this
section as they apply in relation to a local inquiry under that section.
( 6 ) T h e  r e p o r t  o f  t h e  p e r s o n  h o l d i n g  t h e  i n q u i r y  i s  t o  b e  p u b l i s h e d ,  u n l e s s  t h e
Secretary of State or (in the case of an inquiry under subsection (2)) theAssembly considers that there are exceptional circumstances which makepublication inappropriate.
(7) Publication under subsection (6) is to be in such manner as the Secretary of
State or (in the case of an inquiry under subsection (2)) the Assembly considersappropriate.
135 Inquiries: CSCI
(1) The Secretary of State may cause an inquiry to be held into any matter
connected with the exercise by the CSCI of any of its functions (under anyenactment).
(2) Before an inquiry is begun, the Secretary of State may give a direction that it be
held in private.
(3) Where no such direction has been given, the person holding the inquiry may if
he thinks fit hold it, or any part of it, in private.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
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Chapter 10 — Supplementary and general62
(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(powers in relation to local inquiries) apply in relation to an inquiry under this
section as they apply in relation to a local inquiry under that section.
( 5 ) T h e  r e p o r t  o f  t h e  p e r s o n  h o l d i n g  t h e  i n q u i r y  i s  t o  b e  p u b l i s h e d ,  u n l e s s  t h e
Secretary of State considers that there are exceptional circumstances whichmake publication inappropriate.
(6) Publication under subsection (5) is to be in such manner as the Secretary of
State considers appropriate.
Information
136 Disclosure of information obtained by CHAI
(1) This section applies to information which—
(a) has been obtained by the CHAI on terms or in circumstances requiring
it to be held in confidence; and
(b) relates to and identifies an individual.
(2) Subject to section 137, a person is guilty of an offence if he knowingly or
recklessly discloses information to wh ich this section applies during the
lifetime of the individual to which it relates.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6
months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine or to both.
(4) For the purposes of subsection (1)(b), information obtained by the CHAI, or
any person authorised by it, is to be regarded as identifying an individual ifthat individual can be identified—
(a) from that information, or
(b) from that information and from  other information obtained by the
CHAI or any person authorised by it.
137 Section 136: defence
(1) It is a defence for a person charged with an offence under section 136 to prove
that at the time of the alleged offence—
(a) any of the circumstances in subsection (2) applied in relation to the
disclosure in question; or
(b) he reasonably believed that they applied.
(2) The circumstances referred to in subsection (1)(a) are that—
(a) the disclosure was made in a form in which the individual to whom it
relates is not identified;
(b) the disclosure was made with the consent of the individual to whom
the information relates;
(c) the information disclosed had previously been lawfully disclosed to the
public;
(d) the disclosure was made under or pursuant to regulations under
section 113 (complaints about health care);Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general63
(e) the disclosure was made in accordance with any enactment or court
order;
(f) the disclosure was necessary or expedient for the purposes of
protecting the welfare of any individual; 
(g) the disclosure was made to any body or person in circumstances where
it was necessary or expedient for the person or body to have theinformation for the purpose of exercising his or its functions under anyenactment.
(3) It is also a defence for a person charged with an offence under section 136 to
prove that the disclosure was made—
(a) for the purposes of facilitating the exercise of any functions of the CHAI
(under any enactment);
(b) in connection with the investigation of a criminal offence (whether or
not in the United Kingdom);
(c) for the purpose of criminal proceedings (whether or not in the United
Kingdom).
(4) For the purposes of subsection (2)(a), information disclosed by a person is not
to be regarded as being in a form in which an individual is not identified if theindividual can be identified—
(a) from that information, or
(b) from that information  and from other informa tion disclosed by the
CHAI, by any person authorised by it or by any of its members oremployees.
138  Information obtained by CHAI: supplementary
(1) The CHAI may, subject to section 136, use any information it obtains, or
documents or records produced to it, in the course of exercising any of itsfunctions for the purposes of any of its other functions.
(2) Where subsection (3) applies, the CHAI may disclose any information obtained
by it notwithstanding any rule of common law which would otherwiseprohibit or restrict the disclosure.
(3) This subsection applies where—
(a) in the case of information relating to an individual, the circumstances
in paragraph (a) or (b) of subsection (2) of section 137 apply in relationto the disclosure;
(b) in any case, the circumstances in any of paragraphs (c) to (g) of that
subsection apply in relation to the disclosure; or
(c) in any case, the disclosure is made as specified in paragraph (a), (b) or
(c) of subsection (3) of that section.
(4) Subsection (4) of section 137 applies for the purposes of subsection (3)(a) above.
139 Information obtained by CSCI: supplementary
The CSCI may use any information it obtains, or documents or records
produced to it, in the course of exercising any of its functions for the purposesof any of its other functions.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general64
140 Code of practice: CHAI
(1) The CHAI must prepare and publish a code in respect of the practice it
proposes to follow in relation to confidential personal information.
(2) The code must in particular make provision about the CHAI’s obtaining,
handling, use and disclosure of confidential personal information.
(3) Before publishing the code, the CHAI must consult such persons as it considers
appropriate.
(4) The CHAI must keep the code under review and, if it considers it appropriate,
from time to time publish a revised code (and references in this section to thecode include any revised code).
(5) For the purposes of this section “confidential personal information” means
information which—
(a) is obtained by the CHAI on terms or in circumstances requiring it to be
held in confidence; and
(b) relates to and identifies an individual.
141 Code of practice: CSCI
(1) The CSCI must prepare and publish a code in respect of the practice it proposes
to follow in relation to confidential personal information.
(2) The code must in particular make provision about the CSCI’s obtaining,
handling, use and disclosure of confidential personal information.
(3) Before publishing the code, the CSCI must consult such persons as it considers
appropriate.
(4) The CSCI must keep the code under review and, if it considers it appropriate,
from time to time publish a revised code (and references in this section to thecode include any revised code).
(5) For the purposes of this section “confidential personal information” means
information which—
(a) is obtained by the CSCI on terms or in circumstances requiring it to be
held in confidence; and
(b) relates to and identifies an individual.
Wales: supplementary
142 Annual reports of Assembly 
As soon as possible after the end of each financial year of the Assembly, the
Assembly must make and publish a report or reports on—
(a) what it has found during the year in the course of exercising—
(i) its functions under Chapter 4 and 6 of this Part (other than any
function of making regulations);
(ii) its functions exercisable by virtue of section 5(b) and 8(1) to (3)
of the Care Standards Act 2000 (c. 14);
(b) the way in which the Assembly has during the year exercised those
functions.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general65
143 Use by Assembly of information
(1) The Assembly may use any information it obtains, or documents produced to
it, in the course of exercising any function of the Assembly referred to in anyparagraph of subsection (2) for the purposes of any function of the Assemblyreferred to in any other paragraph of that subsection. 
(2) The functions of the Assembly referred to in subsection (1) are—
(a) its functions under Chapter 4 of this Part;
(b) its functions under Chapter 6 of this Part;
(c) its functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care
Standards Act 2000 (c. 14); 
(d) its functions under section 80 of the Children Act 1989 (c. 41).
(3) References to functions in subsection (2) do not include functions of making
regulations.
144 Inquiries: Wales
(1) This section applies where, under section 35 of the Government of Wales Act
1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevantto the exercise of—
(a) its functions under Chapter 4 or 6 of this Part (other than any function
of making regulations);
(b) its functions under section 87 of the Children Act 1989.
(2) Before an inquiry is begun, the Assembly may give a direction that it be held
in private.
(3) Where no such direction has been given, the person holding the inquiry may if
he thinks fit hold it, or any part of it, in private.
( 4 ) T h e  r e p o r t  o f  t h e  p e r s o n  h o l d i n g  t h e  i n q u i r y  i s  t o  b e  p u b l i s h e d ,  u n l e s s  t h e
Assembly considers that there are exceptional circumstances which makepublication inappropriate.
(5) Publication under subsection (4) is to be in such manner as the Assembly
considers appropriate.
145 Co-operation between Assembly and CHAI
(1) The Assembly and the CHAI must co-operate with each other for the efficient
and effective discharge of any relevant function.
(2) For the purposes of subsection (1), a relevant function is—
(a) any function of the CHAI under Chapter 3 of this Part;
(b) any function of the Assembly under Chapter 4 or 6 of this Part (other
than any function of making regulations);
(c) any function of the CHAI under the Care Standards Act 2000;
(d) any function of the Assembly exercisable by virtue of section 5(b) or
8(1) to (3) of the Care Standards Act 2000.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general66
General
146 Offences by bodies corporate
(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 author ity or NHS body, to any officer or
member of the authority or NHS body. 
147 Minor and consequential amendments
Schedule 9 (which makes minor and consequential amendments relating to
this Part) has effect. 
148 Interpretation of Part 2
In this Part—
“Audit Commission” means the Audit Commission for Local Authorities
and the National Health Service in England and Wales;
“the CHAI” means the Commission for Healthcare Audit and Inspection;
“cross-border SHA” means a Special Heal th Authority not performing
functions only or mainly in respect of England or only or mainly inrespect of Wales;
“the CSCI” means the Commission for Social Care Inspection;“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 Englandin 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 alocal authority in England, 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 servicesfunctions.
“English NHS body” means—
(a) a Primary Care Trust;
(b) a Strategic Health Authority;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general67
(c) an NHS trust all or most of whose hospitals, establishments and
facilities are situated in England;
(d) an NHS foundation trust;
(e) a Special Health Authority performing functions only or mainly
in respect of England;
“financial year”, in relation to the CHAI or the CSCI, means—
(a) the period beginning with the date on which that body is
established and ending with the next 31st March following thatdate; and
(b) each successive period of twelve months ending with 31st
March;
“health care” has the mean ing given by section 45(2);
“local authority” has the same meanin g as in the Local Authority Social
Services Act 1970 (c. 42) (see section 1 of that Act);
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
“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 Part 1 of the 1977 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;
“social services functions” has the same meaning as in the Local Authority
Social Services Act 1970;
“Welsh local authority social service” means—
(a) a service provided, in any pl ace, 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 exerciseof 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 alocal authority in Wales, under section 2(1)(b) of the LocalGovernment 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 servicesfunctions;
“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.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 2 — Standards
Chapter 10 — Supplementary and general68
149 References to the provision of health care 
(1) For the purposes of this Part, a person provides health care for another person
if he provides it—
(a) at the direction of the other person;
(b) in accordance with, or by virt ue of, an agreement or arrangements
made by the other person (whether or not with the person providingthe health care); or
(c) otherwise on behalf of the other person.
(2) References in this section to the provision of health care include references to
its provision jointly with another person.
P
ART 3
RECOVERY OF  NHS CHARGES
NHS charges
150 Liability to pay NHS charges
(1) This section applies if—
(a) a person makes a compensation payment to or in respect of any other
person (the “injured person”) in consequence of any injury, whetherphysical or psychological, suffered by the injured person, and
(b) the injured person has—
(i) received NHS treatment at a health service hospital as a result
of the injury,
(ii) been provided with NHS ambulance services as a result of the
injury for the purpose of taking him to a health service hospitalfor NHS treatment (unless he was dead on arrival at thathospital), or
(iii) received treatment as mentioned in sub-paragraph (i) and been
provided with ambulance services as mentioned in sub-paragraph (ii).
(2) The person making the compensation payment is liable to pay the relevant
NHS charges—
(a) in respect of—
(i) the treatment, in so far as received at a hospital in England or
Wales,
(ii) the ambulance services, in so far as provided to take the injured
person to such a hospital,
to the Secretary of State,
(b) in respect of—
(i) the treatment, in so far as received at a hospital in Scotland,
(ii) the ambulance services, in so far as provided to take the injured
person to such a hospital,
to the Scottish Ministers.
(3) “Compensation payment” means a payment, including a payment in money’s
worth, made—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges69
(a) by or on behalf of a person who is, or is alleged to be, liable to any extent
in respect of the injury, or
(b) in pursuance of a compensation scheme for motor accidents,
but does not include a payment mentioned in Schedule 10.
(4) Subsection (1)(a) applies—
(a) to a payment made—
(i) voluntarily, or in pursuance of a court order or an agreement, or
otherwise, and
(ii) in the United Kingdom or elsewhere, and
(b) if more than one payment is made, to each payment.
(5) “Injury” does not include any disease.(6) Nothing in subsection (5) preven ts this Part from applying to—
(a) treatment received as a result of any disease suffered by the injured
person, or
(b) ambulance services provided as a result of any disease suffered by him,
if the disease in question is attributable to the injury suffered by the injured
person (and accordingly that treatment is received or those services areprovided as a result of the injury).
(7) “NHS treatment” means any treatment (including any examination of the
injured person) other than—
(a) treatment provided by virtue of section 18A(4) or 65 of the 1977 Act,
section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act orparagraph 14 of Schedule 2 to the National Health Service andCommunity Care Act 1990 (c. 19) (accommodation and services forprivate patients),
(b) other treatment provided by an NHS foundation trust in pursuance of
an undertaking to pay in respect of the treatment given by or on behalfof the injured person,
(c) treatment provided at a health service hospital by virtue of section 72
of the 1977 Act or section 64 of the 1978 Act (permission for use ofnational health service accommodation or facilities in private practice),or
(d) treatment provided by virtue of—
(i) section 16CA, 16CC, 28C, 28K or 28Q of the 1977 Act (primary
medical and dental services), or
(ii) section 17C, 19 or 25 of the 1978 Act (personal or general
medical or dental services).
(8) In relation to any time before sections 170 and 172 come into force, the
references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act areto be taken as a reference to section 35 of that Act (arrangements for generaldental services).
(9) In relation to any time before sections 174 and 175 come into force, the
references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are
to be taken as a reference to section 29 of that Act (arrangements for generalmedical services).
(10) “Relevant NHS charges” means the amount (or amounts) specified in a
certificate of NHS charges—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges70
(a) issued under this Part, in respect of the injured person, to the person
making the compensation payment, and
(b) in force.
(11) “Compensation scheme for motor accidents” means any scheme or
arrangement under which funds are available for the payment ofcompensation in respect of motor accidents caused, or alleged to have beencaused, by uninsured or unidentified persons.
(12) Regulations may amend Schedule 10 by omitting or modifying any payment
for the time being specified in that Schedule.
(13) This section applies in relation to any injury which occurs after the date on
which this section comes into force.
(14) For the purposes of this Part, it is irrelevant whether a compensation payment
is made with or without an admission of liability.
Certificates of NHS charges
151 Applications for certificates of NHS charges
(1) Before a person makes a compensation payment in consequence of any injury
suffered by an injured person, he may apply for a certificate to the Secretary ofState, the Scottish Ministers or both, according to whether he believes therelevant NHS charges payable by him (if any) would be due to the Secretary ofState, the Scottish Ministers or both.
(2) If the Secretary of State receives or the Scottish Ministers receive an application
under subsection (1), he or they must arrange for a certificate to be issued assoon as is reasonably practicable (subject to section 152).
(3) A certificate may provide that it is to remain in force—
(a) until a specified date,
(b) until the occurrence of a specified event, or
(c) indefinitely.
(4) A person may apply under subsection (1 ) for a fresh certificate from time to
time.
(5) Subsection (2) does not require the Secretary of State or the Scottish Ministers
to arrange for a fresh certificate to be issued to a person applying undersubsection (4) if, when the application is received, a certificate issued to theapplicant in respect of the injured person is  still in force; but the Secretary of
State or the Scottish Ministers (as the case may be) may arrange for a freshcertificate to be issued so as to have effect on the expiry of the currentcertificate.
(6) If a certificate expires, the Secretary of State or the Scottish Ministers (as the
case may be) may arrange for a fresh certificate to be issued without anapplication having to be made.
(7) In the circumstances mentioned in subsection (8), a person who has made a
compensation payment in consequence of an injury suffered by an injuredperson must apply for a certificate to the Secretary of State, the ScottishMinisters or both, according to whether he believes the relevant NHS chargesHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges71
payable by him (if any) would be due to the Secretary of State, the Scottish
Ministers or both.
(8) The circumstances are that—
(a) at the time the payment is made by the person—
(i) no certificate has been issued to him in respect of the injured
person, or
(ii) if such a certificate has been issued to him, it is no longer in
force, and
(b) no application for a certificate has been made by him during the
prescribed period ending immediately before the day on which thecompensation payment is made.
(9) An application for a certificate must be made in the prescribed manner and, in
the case of an application under subsection (7), within the prescribed period.
(10) On receiving an application un der subsection (7), the Secretary of State or the
Scottish Ministers must arrange for a certificate to be issued as soon as isreasonably practicable (subject to section 152).
(11) In this section and section 152, “relevant NHS charges” has the meaning given
in section 150(10).
152 Section 151: supplementary
(1) Subsection (2) applies if—
(a) an application is made under subsection (1) or (7) of section 151 to the
Secretary of State or the Scottish Ministers, and
(b) it appears to the Secretary of State or the Scottish Ministers that the
relevant NHS charges payable by the applicant (if any) would be dueto the Scottish Ministers or the Secretary of State (respectively) instead.
(2) The Secretary of State or the Scottish Ministers (as the case may be) must refer
the application to the Scottish Ministers or the Secretary of State (respectively),and the application is to be treated, for the purposes of this Part, as having beenmade to the Scottish Ministers or the Secretary of State (as the case may be).
(3) Subsection (4) applies if—
(a) an application is made under subsection (1) or (7) of section 151 to the
Secretary of State or the Scottish Ministers, and
(b) it appears to the Secretary of State or the Scottish Ministers that the
relevant NHS charges payable by the applicant (if any) would be duein part to him or them and in part to the Scottish Ministers or theSecretary of State (respectively).
(4) The Secretary of State or the Scottish Ministers (as the case may be) must refer
the application to the Scottish Ministers or the Secretary of State (respectively)in so far as the application relates to relevant NHS charges due to them or him,and the application is to be treated, for the purposes of this Part, as having beenmade to the Secretary of State in so far as it relates to relevant NHS charges dueto him under subsection (2) of section 150 and to the Scottish Ministers in so far
as it relates to relevant NHS charges due to them under that subsection.
(5) A certificate may be issued under section 151 jointly by the Secretary of State
and the Scottish Ministers specifying—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges72
(a) an amount (or amounts) for which a person is liable under subsection
(2) of section 150 to the Secretary of State, and
(b) an amount (or amounts) for which that person is liable under that
subsection to the Scottish Ministers,
in respect of the same injured person in consequence of the same injury.
(6) In the case of a certificate issued under section 151 specifying an amount (or
amounts) as mentioned in paragraphs (a) and (b) of subsection (5), referencesin the following provisions of this Part  to a certificate are to be taken as being
to the certificate in so far as it relates to the liability to the Secretary of State orin so far as it relates to the liability to the Scottish Ministers (as the case mayrequire).
153 Information contained in certificates
(1) A certificate must specify the amount (or amounts) for which the person to
whom it is issued is liable under section 150(2).
(2) The amount (or amounts) to be specified is (or are) to be that (or those) set out
in, or determined in accordance with,  regulations, reduced if applicable in
accordance with subsection (3) or regulations under subsection (10).
(3) If a certificate relates to a claim made by or on behalf of an injured person—
(a) in respect of which a court in England and Wales or Scotland has
ordered a reduction of damages in accordance with section 1 of the LawReform (Contributory Negligence) Act 1945 (c. 28),
(b) in respect of which a court in Northern Ireland has ordered a reduction
of damages in accordance with section 2 of the Law Reform(Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),
(c) in respect of which a court in a country other than England and Wales,
Scotland or Northern Ireland has ordered a reduction of damagesunder any provision of the law of that country which appears to theSecretary of State or the Scottish Ministers (as the case may be) tocorrespond to section 1 of the Law Reform (Contributory Negligence)Act 1945,
(d) in respect of which an officer of a court in England and Wales or
Northern Ireland has entered or sealed an agreed judgement or orderwhich specifies—
(i) that the damages are to be reduced to reflect the injured
person’s share in the responsibility for the injury in question,and
(ii) the amount or proportion by which they are to be so reduced,
(e) in the case of which the parties to any resulting action before a court in
Scotland have executed a joint minute which specifies—
(i) that the action has been settled extra-judicially, and
(ii) the matters mentioned in paragraph (d)(i) and (ii),
(f) in respect of which a document has been made under any provision of
the law of a country other than England and Wales, Scotland orNorthern Ireland—
(i) which appears to the Secretary of State to correspond to an
agreed judgement or order entered or sealed by an officer of acourt in England and Wales, and
(ii) which specifies the matters menti oned in paragraph (d)(i) and
(ii), orHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges73
(g) in the case of which a document has been made under any provision of
the law of a country other than England and Wales, Scotland orNorthern Ireland—
(i) which appears to the Scottish Ministers to correspond to a joint
minute executed by the parties to a resulting action before acourt in Scotland specifying that the action has been settledextra-judicially, and
(ii) which specifies the matters menti oned in paragraph (d)(i) and
(ii),
the amount (or amounts) specified in the certificate is (or are) to be that (or
those) which would be so specified apart from this subsection, reduced by thesame proportion as the reduction of damages.
(4) If a certificate relates to an injured person who has not received NHS treatment
at a health service hospital or been provided with NHS ambulance services asa result of the injury, it must indicate that no amount is payable to the Secretaryof State or the Scottish Ministers (as the case may be) by reference to thatcertificate.
(5) Regulations under subsection (2) may, in particular, provide—
(a) that the amount, or the aggregate amount, specified in a certificate is
not to exceed a prescribed sum,
(b) for different amounts to be specified in respect of different
circumstances or areas,
(c) for cases in which an injured person receives treatment at two or more
health service hospitals,
(d) for cases in which an injured person receives treatment at one or more
health service hospitals and is provided with NHS ambulance services,
(e) for cases in which liability under section 150(2) is to be apportioned
between two or more persons making compensation payments to or inrespect of the same injured person in consequence of the same injury,
(f) for cases in which a fresh certificate is issued or a certificate is revoked
as a result of a review under or by virtue of section 156 or an appealunder section 157 or 159,
(g) for the amount specified in a certificate issued by the Secretary of State
or the Scottish Ministers to be adjusted to take into account any amountfor which the person to whom the certificate is issued is liable undersection 150(2), in respect of the same injured person in consequence of
the same injury, in accordance with a certificate issued by the ScottishMinisters or the Secretary of State (respectively),
(h) for any matter requiring determination under or in consequence of the
regulations to be determined by the Secretary of State or the ScottishMinisters (as the case may require),
and in the case of parag raph (e) may make such pr ovision by modifying this
Part.
(6) Any reference in subsection (5)(a) or  (b) to any amount (or amounts) specified
in a certificate is to the amount (or amounts) which would be so specified apartfrom subsection (3) or regulations under subsection (10).
(7) Regulations under subsection (2) which provide for cases mentioned in
subsection (5)(e) may (among other things) provide in the case of eachcompensator for—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges74
(a) determining, or re-determining, the amount for which he is liable
under section 150(2),
(b) giving credit for amounts already paid, and
(c) the payment by any person of any balance or the recovery from any
person of any excess.
(8) Regulations under subsection (2) which provide for cases mentioned in
subsection (5)(f) may (among other things) provide in the case of anycompensator for the matters mentioned in paragraphs (b) and (c) of subsection(7).
(9) For the purposes of subsection (10), a claim made by or on behalf of an injured
person is a qualifying claim if—
(a) it is settled by mediation of a prescribed description, and
(b) the damages payable under the settlement are to be reduced to reflect
the injured person’s share in the responsibility for the injury inquestion.
(10) Regulations may make provision as to the circumstances in which the amount
(or amounts) specified in a certificate relating to a qualifying claim is (or are) to
be that (or those) which would be so specified apart from the regulations,reduced by the same proportion as the reduction of damages.
(11) A person to whom a certificate is issued is entitled to such particulars of the
manner in which any amount (or amounts) specified in the certificate has (orhave) been determined as may be prescribed, if he applies to the Secretary ofState or the Scottish Ministers (as the case may require) for those particulars.
(12) Regulations under subsection (2) may be made so as to apply to any certificate
issued after the time the regulations come into force, other than one relating toa compensation payment made before that time.
Recovery of NHS charges
154 Payment of NHS charges
(1) If the certificate by reference to which  an amount payable under section 150(2)
is determined is issued before the settlement date, that amount must be paidbefore the end of the period of 14 days beginning with the settlement date.
(2) If the certificate by reference to which  an amount payable under section 150(2)
is determined is issued on or after the settlement date, that amount must bepaid before the end of the period of 14 days beginning with the day on whichthe certificate is issued.
(3) “Settlement date” means the date on which the compensation payment is
made.
(4) This section is subject to section 155(2).
155 Recovery of NHS charges
(1) This section applies if a person has made a compensation payment and
either—
(a) subsection (7) of section 151 applies but he has not applied for a
certificate as required by that subsection, orHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges75
(b) he has not made payment, in full, of any amount due under section
150(2) by the end of the period allowed under section 154.
(2) The Secretary of State, the Scottish Ministers or both, according to the
circumstances of the case, may—
(a) in a case within subsection (1)(a), issue the person who made the
compensation payment with a certificate, and
(b) in a case within subsection (1)(b), issue him with a copy of the certificate
or (if more than one has been issued) the most recent one,
and, in either case, issue him with a demand that payment of any amount due
under section 150(2) be made immediately.
(3) Subsections (5) and (6) of section 152 apply to certificates issued under
subsection (2) above as they apply to certificates issued under section 151.
(4) A demand issued under subsection (2) may be issued jointly by the Secretary
of State and the Scottish Ministers specifying—
(a) an amount due under subsection (2) of section 150 to the Secretary of
State, and
(b) an amount due under that subsection to the Scottish Ministers,
in respect of the same injured person in consequence of the same injury.
(5) In the case of a demand specifying amounts as mentioned in subsection (4)(a)
and (b), references in the following provisions of this section to a demand areto be taken as being (as the case may require) to—
(a) the demand in so far as it relates to any amount due to the Secretary of
State, or
(b) the demand in so far as it relates to any amount due to the Scottish
Ministers,
and related expressions are to be read accordingly.
(6) The Secretary of State or the Scottish Ministers may recover the amount for
which a demand for payment is made under subsection (2) from the personwho made the compensation payment.
(7) If the person who made the compensation payment resides or carries on
business in England or Wales and a county court so orders, the amountdemanded is recoverable by execution issued from the county court orotherwise as if it were payable under an order of that court.
(8) If the person who made the compensation payment resides or carries on
business in Scotland, the demand may be enforced as if it were an extractregistered decree arbitral bearing a warrant for execution issued by the sheriffcourt of any sheriffdom in Scotland.
(9) A document which states that it is a record of the amount recoverable under
subsection (6) is conclusive evidence that the amount is so recoverable if it issigned by a person authorised to do so by the Secretary of State or the ScottishMinisters (as the case may be).
(10) For the purposes of subsection (9), a document purporting to be signed by a
person authorised to do so by the Secretary of State or the Scottish Ministers (asthe case may be) is to be treated as so signed unless the contrary is proved.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges76
Review and appeal
156 Review of certificates
(1) The Secretary of State or the Scottish Ministers must review a certificate issued
by him or them if the certificate relates to a claim made by or on behalf of aninjured person—
(a) in respect of which, after the certificate is issued, a court in England and
Wales or Scotland orders a reduction of damages in accordance withsection 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),
(b) in respect of which, after the certificate is issued, a court in Northern
Ireland orders a reduction of damages in accordance with section 2 ofthe Law Reform (Miscellaneous Provisions) Act (Northern Ireland)1948 (c. 23),
(c) in respect of which, after the certificate is issued, a court in a country
other than England and Wales, Scotland or Northern Ireland orders areduction of damages under any provision of the law of that countrywhich appears to the Secretary of State or the Scottish Ministers (as thecase may be) to correspond to section 1 of the Law Reform(Contributory Negligence) Act 1945,
(d) in respect of which, after the certificate is issued, an officer of a court in
England and Wales or Northern Ireland enters or seals an agreedjudgement or order which specifies—
(i) that the damages are to be reduced to reflect the injured
person’s share in the responsibility for the injury in question,and
(ii) the amount or proportion by which they are to be so reduced,
(e) in the case of which, after the certificate is issued, the parties to any
resulting action before a court in Scotland execute a joint minute whichspecifies—
(i) that the action has been settled extra-judicially, and
(ii) the matters mentioned in paragraph (d)(i) and (ii),
(f) in respect of which, after the certificate is issued, a document is made
under any provision of the law of a country other than England and
Wales, Scotland or Northern Ireland—
(i) which appears to the Secretary of State to correspond to an
agreed judgement or order entered or sealed by an officer of acourt in England and Wales, and
(ii) which specifies the matters menti oned in paragraph (d)(i) and
(ii), or
(g) in the case of which, after the certificate is issued, a document is made
under any provision of the law of a country other than England and
Wales, Scotland or Northern Ireland—
(i) which appears to the Scottish Ministers to correspond to a joint
minute executed by the parties to a resulting action before acourt in Scotland specifying that the action has been settledextra-judicially, and
(ii) which specifies the matters menti oned in paragraph (d)(i) and
(ii),
and notification of the order, judgement, minute or document has been given
to the Secretary of State or the Scottish Ministers (as the case may be) in theprescribed manner.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges77
(2) Regulations may make provision as to the circumstances in which the
Secretary of State or the Scottish Ministers must review a certificate relating toa claim which, after the certificate is issued, becomes a qualifying claim (asdefined in section 153(9)).
(3) If—
(a) the Secretary of State and the Scottish Ministers have issued certificates
to a person specifying an amount (or amounts) for which that person isliable under section 150(2) in respect of the same injured person inconsequence of the same injury, and
(b) either the Secretary of State or the Scottish Ministers subsequently
adjusts or adjust the amount (or amounts) specified in the certificatei s s u e d  b y  h i m  o r  t h e m  o n  a  r e v i e w  o f ,  o r  a n  a p p e a l  a g a i n s t ,  t h a tcertificate,
the other must review the certificate issued by him or them (as the case may be)
if he is or they are satisfied that it is necessary or expedient to makeconsequential adjustments to that certificate.
(4) The Secretary of State or the Scottish Ministers may review a certificate issued
by him or them—
(a) either within the prescribed period or in prescribed cases or
circumstances, and
(b) either on application made for the purpose or on his or their initiative.
(5) On a review under or by virtue of this section, the Secretary of State or the
Scottish Ministers may—
(a) confirm the certificate,
(b) issue a fresh certificate containing such variations as he considers or
they consider appropriate, or
(c) revoke the certificate.
(6) But the Secretary of State or the Scottish Ministers may not vary a certificate so
as to increase the amount, or the aggregate amount, specified unless it appearsto him or them that the variation is required as a result of his or their havingbeen supplied with incorrect or insuffi cient information by the person to
whom the certificate is issued.
(7) Subsections (5) and (6) of section 152 apply to certificates issued under
subsection (5)(b) above as they apply to certificates issued under section 151.
157 Appeal against a certificate or a waiver decision
(1) An appeal against a certificate may be made by the person to whom the
certificate was issued on one or more of the following grounds—
(a) that an amount (or amounts) specified in the certificate is (or are)
incorrect,
(b) that an amount (or amounts) so specified takes (or take) into account— 
(i) treatment which is not NHS treatment received by the injured
person, as a result of his injury, at a health service hospital,
(ii) ambulance services which are not NHS ambulance services
provided to the injured person as a result of his injury, or
(iii) treatment as mentioned in sub-paragraph (i) and ambulance
services as mentioned in sub-paragraph (ii),Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges78
(c) that the payment on the basis of which the certificate was issued is not
a compensation payment.
(2) No appeal may be made until—
(a) the claim against the person to whom the certificate was issued, which
gives rise to the compensation payment, has been finally disposed of,and
(b) payment of the amount (or amounts) specified in the certificate has
been made to the Secretary of State or the Scottish Ministers (as the casemay be), subject to subsection (4) and sections 158(6) and 159(5).
(3) For the purposes of subsection (2)(a), if an award of damages in respect of a
claim has been made under or by virtue of—
(a) section 32A(2)(a) of the Supreme Court Act 1981 (c. 54),
(b) section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the
Administration of Justice Act 1982 (c. 53), or
(c) section 51(2)(a) of the County Courts Act 1984 (c. 28),
(orders for provisional damages in personal injury cases), the claim is to be
treated as having been finally disposed of.
(4) The Secretary of State or the Scottish Ministers may, on an application by the
person to whom the certificate was issued, waive the requirement insubsection (2)(b) that payment of the amount (or amounts) specified in thecertificate be made before making an appeal.
(5) The Secretary of State or the Scottish Ministers may only grant a waiver if it
appears to him or them that payment of the amount (or amounts) specified inthe certificate would cause exceptional financial hardship.
(6) An appeal against a decision of the Secretary of State or the Scottish Ministers
on an application under subsection (4) (ref erred to in this section and sections
158 and 159 as a “waiver decision”) may be made by the person to whom thecertificate was issued.
(7) Regulations may make provision—
(a) as to the manner in which, and the time within which, an appeal against
a certificate or waiver decision may be made,
(b) as to the procedure to be followed if an appeal against a certificate or
waiver decision is made,
(c) as to the circumstances in which appeals may be consolidated
(including the consolidation of an appeal against a certificate issued bythe Secretary of State with an appeal against a certificate issued by thethe Scottish Ministers), and
(d) for the purpose of enabling an appeal against a certificate to be treated
as an application for a review under section 156.
158 Appeal tribunals
(1) The Secretary of State or the Scottish Ministers must refer to an appeal tribunal
constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14) anappeal against—
(a) a certificate, or
(b) a waiver decision.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges79
(2) In determining an appeal against a certificate, the tribunal must take into
account any decision of a court relating to the same, or any similar, issuearising in connection with the injury in question.
(3) On an appeal against a certificate, the tribunal may—
(a) confirm the amount or amounts specified in the certificate,
(b) specify any variations which are to be made on the issue of a fresh
certificate under subsection (4), or
(c) declare that the certificate is to be revoked.
(4) When the Secretary of State or the Scottish Ministers (as the case may be) has
or have received the decision of the tribunal on an appeal against a certificate,he or they must in accordance with that decision—
(a) confirm the certificate,
(b) issue a fresh certificate, or
(c) revoke the certificate.
(5) Subsections (5) and (6) of section 152 apply to certificates issued under
subsection (4)(b) above as they apply to certificates issued under section 151.
(6) On an appeal against a waiver decision, the tribunal may—
(a) confirm the decision, or
(b) waive the requirement in question.
(7) Regulations under section 157 may (among other things) provide for the non-
disclosure of medical advice or medical evidence given or submitted followinga reference under subsection (1).
159 Appeal to Social Security Commissioner
(1) An appeal may be made to a Commissioner against any decision of an appeal
tribunal under section 158 on the ground that the decision was erroneous in
point of law.
(2) An appeal under this section may be made by—
(a) the Secretary of State or the Scottish Ministers (as the case may be), or
(b) the person to whom the certificate was issued.
(3) If an appeal is made under this section , subsections (7) to (12) of section 14 of
the 1998 Act apply to the appeal as they apply to an appeal under that section(reading references to a tribunal as references to an appeal tribunal constitutedas mentioned in section 158(1)).
(4) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies
by virtue of subsection (3) above to an appeal against a decision of an appealtribunal under subsection (3) of section 158, subsections (2) to (4) of that sectionapply as they apply to an appeal determined on a reference under subsection(1)(a) of that section.
(5) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies
by virtue of subsection (3) above to an appeal against a decision of an appealtribunal under subsection (6) of section 158, the appeal tribunal may—
(a) confirm the waiver decision, or
(b) waive the requirement in question.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges80
(6) In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by
virtue of subsection (3) above to an appeal against a decision of an appealtribunal under subsection (3) of section 158, subsection (4) of that sectionapplies as if the references to the decis ion of the tribunal on an appeal against
a certificate were references to the decision of the Commissioner on an appealunder this section.
(7) In this section—
“Commissioner” has the same meaning as in  Chapter 2 of Part 1 of the
1998 Act, and
“the 1998 Act” means the Social Security Act 1998 (c. 14).
Information
160 Provision of information
(1) If compensation is sought in consequence of any injury suffered by an injured
person, such information with respect to the circumstances of the case as maybe prescribed must be given by the following persons to the Secretary of Stateor the Scottish Ministers (as the case may require)—
(a) the person against whom the claim is made and anyone acting on
behalf of that person, whether or not proceedings have beencommenced,
(b) the injured person or, if the injured person has died, his personal
representative,
(c) anyone not within paragraph (a) wh o is, or is alleged to be, liable to any
extent in respect of the injury,
(d) if the claim is not made by the injured person, the person by whom it is
made,
(e) anyone acting on behalf of the person within any of paragraphs (b) to
(d),
(f) the responsible body of each health service hospital at which the
injured person has received NHS treatment as a result of his injury,
(g) any ambulance trust which provided NHS ambulance services as a
result of his injury.
(2) A person who is required to give infor mation under this section must do so—
(a) in the prescribed manner, and
(b) within the prescribed period.
(3) Regulations under this section may, in particular, require the provision of
information about any NHS treatment which an injured person has received ata health service hospital and any NHS ambulance services provided to theinjured person.
(4) In this section—
 “ambulance trust”—
(a) in relation to England or Wales, means—
(i) a National Health Service trust established under section 5
of the National Health Service and Community Care Act
1990 (c. 19), or
(ii) an NHS foundation trust,Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges81
(b) in relation to Scotland, means a Special Health Board
established under section 2(1)(b) of the 1978 Act;
“responsible body”, in relation to a health service hospital, means—
(a) in the case of a hospital vested in—
(i) a National Health Service trust established under section 5
of the National Health Service and Community Care Act1990 (c. 19) or section 12A of the 1978 Act, or
(ii) a Primary Care Trust,
the trust, and
(b) in any other case, the body responsible for the management of
the hospital.
161 Use of information held by the Secretary of State or the Scottish Ministers etc.
(1) Subsection (2) applies to information which is held—
(a) by the Secretary of State, or
(b) by a person providing services to the Secretary of State in connection
with the provision of those services,
for the purposes of, or for any purpose connected with, the exercise of
functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27).
(2) The information may—
(a) be used for the purposes of, or for any purpose connected with, the
exercise of functions under this Part, and
(b) be supplied to a qualifying person for use for those purposes.
(3) In subsection (2), “qualifying person” means—
(a) in the case of information held by the Secretary of State—
(i) a person providing services to the Secretary of State, or
(ii) the Scottish Ministers or a person providing services to the
Scottish Ministers, or
(b) in the case of information held by a person providing services to the
Secretary of State—
(i) the Secretary of State or another person providing services to
the Secretary of State, or
(ii) the Scottish Ministers or a person providing services to the
Scottish Ministers.
(4) Subsection (5) applies to information which is held—
(a) by the Secretary of State or the Scottish Ministers, or
(b) by a person providing services to the Secretary of State or the Scottish
Ministers in connection with provision of those services,
for the purposes of, or for any purpose connected with, the exercise of
functions under this Part.
(5) The information may—
(a) be used for the purposes of, or for any purpose connected with, the
exercise of functions under the Social Security (Recovery of Benefits)Act 1997, and
(b) be supplied to a qualifying person for use for those purposes.
(6) In subsection (5), “qualifying person” means—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges82
(a) in the case of information held by the Secretary of State, a person
providing services to the Secretary of State,
(b) in the case of information held by the Scottish Ministers, the Secretary
of State or a person providing services to the Secretary of State,
(c) in the case of information held by a person providing services to the
Secretary of State, the Secretary of State or another person providingservices to the Secretary of State,
(d) in the case of information held by a person providing services to the
Scottish Ministers, the Secretary of State or a person providing servicesto the Secretary of State.
Payments to hospitals or ambulance trusts
162 Payment of NHS charges to hospitals or ambulance trusts
(1) If the Secretary of State receives or the Scottish Ministers receive a payment of
relevant NHS charges under section 150(2)—
(a) if the payment relates only to NHS treatment received at a health
service hospital, he or they must pay the amount received to theresponsible body of the health service hospital,
(b) if the payment relates only to the provision of NHS ambulance services,
he or they must pay the amount received to the relevant ambulancetrust,
(c) if the payment relates to NHS treatment received at more than one
health service hospital, he or they must divide the amount receivedamong the responsible bodies of the hospitals concerned in suchmanner as he considers or they consider appropriate,
(d) if the payment relates to NHS treatment received at one or more health
service hospitals and the provision of NHS ambulance services, he orthey must divide the amount received among the responsible body orbodies of the hospital or hospitals and any relevant ambulance trustsconcerned in such manner as he considers or they consider appropriate.
(2) Subsection (1) does not apply to any amount received by the Secretary of State
or the Scottish Ministers under section 150(2) which he is or they are requiredto repay in accordance with regulations under section 153(2).
(3) Regulations under this section may—
(a) make provision for the manner in which and intervals at which any
payments due under this section are to be made,
(b) make provision for cases where the responsible body of the health
service hospital or relevant ambulance trust concerned has ceased toexist (including provision modifying this Part).
(4) Any amounts received under this section by the responsible bodies of the
health service hospitals concerned must be used for the purposes of providinggoods and services for the benefit of patients receiving NHS treatment at thosehospitals.
(5) Any amounts received under this section by the relevant ambulance trusts
concerned must be used for the purposes of NHS ambulance services.
(6) In this section—
 “relevant ambulance trust”—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges83
(a) in relation to England or Wales, means—
(i) the National Health Service trust established under section
5 of the National Health Service and Community Care Act1990 (c. 19), or
(ii) the NHS foundation trust,
which is designated by the Secretary of State for the purposes of
this section in relation to the health service hospital to which theinjured person was taken for treatment,
(b) in relation to Scotland, means the Special Health Board,
established under section 2(1)(b) of the 1978 Act, which isdesignated by the Scottish Ministers for the purposes of thissection in relation to the health service hospital to which theinjured person was taken for treatment;
“responsible body” has the meaning given in section 160(4).
Miscellaneous and general
163 Regulations governing lump sums, periodical payments etc
(1) Regulations may make provision (including provision modifying this Part)—
(a) for cases to which section 150(2) applies in which two or more
compensation payments in the form of lump sums are made by thesame person in respect of the same injury,
(b) for cases to which section 150(2) applies in which an agreement is
entered into for the making of—
(i) periodical compensation payments (whether of an income or
capital nature), or
(ii) periodical compensation payments and lump sum
compensation payments,
(c) for cases in which the compensation payment to which section 150(2)
applies is an interim payment of damages which a court orders to be
repaid.
( 2 ) R e g u l a t i o n s  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 1 ) ( a )  m a y  ( a m o n g  o t h e r  t h i n g s )
provide—
(a) for giving credit for amounts already paid, and
(b) for the payment by any person of any balance or the recovery from any
person of any excess.
(3) Regulations may make provision modifyi ng the application of this Part in
relation to cases in which a payment into court is made and, in particular, mayprovide—
(a) for the making of a payment into court to be treated in prescribed
circumstances as the making of a compensation payment,
(b) for application for, and issue of, certificates.
164 Liability of insurers
(1) If a compensation payment is made in a case where—
(a) a person is liable to any extent in respect of the injury, and
(b) the liability is covered to any extent by a policy of insurance,Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges84
the policy is also to be treated as covering any liability of that person under
section 150(2).
(2) Liability imposed on the insurer by subsection (1) cannot be excluded or
restricted.
(3) For that purpose excluding or restricting liability includes—
(a) making the liability or its enforcement subject to restrictive or onerous
conditions,
(b) excluding or restricting any right or remedy in respect of the liability,
or subjecting a person to any prejudice in consequence of his pursuingany such right or remedy, or
(c) excluding or restricting rules of evidence or procedure.
(4) Regulations may in prescribed cases  limit the amount of the liability imposed
on the insurer by subsection (1).
(5) This section applies in relation to policies of insurance issued before (as well as
those issued after) the date on which it comes into force.
(6) References in this section to policies of insurance and their issue include
references to contracts of insurance and their making.
165 Power to apply Part 3 to treatment at non-health service hospitals
( 1 ) R e g u l a t i o n s  m a y  m a k e  p r o v i s i o n  f o r  t h i s  P a r t  t o  a p p l y ,  w i t h  s u c h
modifications as may be prescribed, if—
(a) a person makes a compensation payment as mentioned in section
150(1)(a), but
(b) the person to or in respect of whom the payment is made has—
(i) received treatment as a result of the injury at a qualifying
hospital under an NHS arrangement,
(ii) been provided with NHS ambulance services as a result of the
injury for the purpose of taking him to a qualifying hospital fortreatment under an NHS arrangement (unless he was dead onarrival at that hospital), or
(iii) received treatment as mentioned in sub-paragraph (i) and been
provided with NHS ambulance services as mentioned in sub-paragraph (ii),
(subject to subsection (2)).
(2) Subsection (1)(b) does not apply where the person to or in respect of whom the
payment is made receives, or is taken to a hospital for, treatment which wouldbe provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it wereprovided at a health service hospital.
(3) In subsection (1), “NHS arrangement” means an arrangement or agreement
between—
(a) the hospital in question or a body responsible for it, and
(b) any of the following—
(i) a Primary Care Trust,
(ii) a National Health Service trust established under section 5 of
the National Health Service and Community Care Act 1990(c. 19) or section 12A of the 1978 Act,
(iii) a Local Health Board,Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 3 — Recovery of NHS charges85
(iv) a Health Board or Special Health Board established under
section 2 of the 1978 Act, or
(v) an NHS foundation trust.
(4) Regulations under subsection (1) may include provision  excluding the
application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in suchdescription of case as may be prescribed.
(5) In this section “qualifying hospita l” means a hospital (within the meaning of
section 128(1) of the 1977 Act or section 108( 1) of the 1978 Act) which is not a
health service hospital.
166 The Crown
This Part binds the Crown.
167 Regulations
(1) Any power to make regulations conferred by this Part is exercisable—
(a) in relation to England and Wales, by the Secretary of State; and
(b) in relation to Scotland, by the Scottish Ministers.
(2) Regulations under section 157(7) may only be made by the Scottish Ministers
with the consent of the Secretary of State.
168 Interpretation of Part 3
In this Part—
“the 1978 Act” means the National Health Service (Scotland) Act 1978
(c. 29);
“compensation payment” has the meaning given in section 150;“health service hospital” means a health service hospital within the
meaning of the 1977 Act or the 1978 Act;
“injured person” has the meaning given in section 150(1);
“NHS ambulance services” means ambulance services provided under
section 3(1)(c) of the 1977 Act or section 45 of the 1978 Act;
“NHS treatment” has the meaning given in section 150(7);
“prescribed” means prescribed by regulations.
169 Consequential and minor repeals
(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.(2) In the Road Traffic Act 1988, in section  161(1), in the definition of “hospital”,
paragraph (b) is omitted.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services86
PART 4
DENTAL AND MEDICAL SERVICES
Primary dental services
170 Provision of primary dental services
In the 1977 Act, after section 16C insert—
“Functions of Primary Care Trusts and Local Health Boards
16CA Primary dental services
(1) Each Primary Care Trust and Local Health Board must, to the extent
that it considers necessary to meet all reasonable requirements, exerciseits powers so as to provide primary den tal services within its area, or
secure their provis ion within its area.
(2) A Primary Care Trust or Local Health Board may (in addition to any
other power conferred on it) provide primary dental services itself(whether within or outside its area).
(3) Each Primary Care Trust and Local Health Board must publish
information about such matters as may be prescribed in relation to theprimary dental services for which it makes provision under this Part.
(4) A body on which functions are conferred under this section must co-
operate with any other such body in the discharge of their respectivefunctions relating to the provision of primary dental services under thisPart.
(5) Regulations may provide that services of a prescribed description are,
or are not, to be regarded as primary dental services for the purposes ofthis Part.
(6) Regulations under subsection (5) may in particular describe services by
reference to the manner or circumstances  in which they are provided.”
171 Dental public health 
(1) In the 1977 Act, after section 16CA (as inserted by section 170 above) insert—
“16CB Dental public health
(1) A Primary Care Trust shall have such  functions in relation to dental
public health in England as may be prescribed.
(2) A Local Health Board shall have such functions in relation to dental
public health in Wales as may be prescribed.
(3) The National Assembly for Wales shall have such functions in relation
to dental public health in Wales as may be prescribed.
(4) The functions of a Primary Care Trust under this section may be
discharged—
(a) by the Trust itself; Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services87
(b) by the Trust and one or more other Primary Care Trusts acting
jointly; or
(c) by any other person or body in accordance with arrangements
made by the Trust.
(5) The functions of a Local Health Board under this section may be
discharged—
(a) by the Board itself;
(b) by the Board and one or more other Local Health Boards acting
jointly; or
(c) by any other person or body in accordance with arrangements
made by the Board.”
(2) Section 5(1A) of the 1977 Act shall cease to have effect.
172 General dental services contracts
(1) In the 1977 Act, after section 28J insert—
“General dental services contracts
28K General dental services contracts: introductory
(1) A Primary Care Trust or Local Health Board may enter into a contract
under which primary dental services are provided in accordance withthe following provisions of this Part.
(2) A contract under this section is called in this Act a “general dental
services contract”.
(3) Subject to any provision made by or under this Part, a general dental
services contract may make such provision as may be agreed betweenthe Primary Care Trust or Local Health Board and the contractor inrelation to—
(a) the services to be provided under the contract (which may
include services which are not primary dental services),
(b) remuneration under the contract, and
(c) any other matters.
(4) In this Part, “contractor”, in relation to a general dental services
contract, means any person entering into the contract with the PrimaryCare Trust or Local Health Board.
28L Requirement to provide certain primary dental services
(1) A general dental services contract must require the contractor or
contractors to provide, for his or their patients, primary dental servicesof such descriptions as may be prescribed.
(2) Regulations under subsection (1) may in particular describe services by
reference to the manner or circumstances in which they are provided.
28M  Persons eligible to enter into GDS contracts
(1) A Primary Care Trust or Local Health Board may, subject to such
conditions as may be prescribed, enter into a general dental servicescontract with— Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services88
(a) a dental practitioner;
(b) a dental corporation;
(c) two or more individuals practising in partnership where the
conditions in subsection (2) are satisfied.
( 2 ) T h e  c o n d i t i o n s  r e f e r r e d  t o  i n  s u b s e c t i o n  ( 1 ) ( c )  i n  r e l a t i o n  t o  a
partnership are that—
(a) at least one partner is a dental practitioner, and
(b) any partner who is not a dental practitioner is either—
(i) an NHS employee, 
(ii) a section 28C employee, section 17C employee or Article
15B employee,
(iii) a health care professional who is engaged in the
provision of services under this Act, or
(iv) an individual falling within section 28D(1)(bc) above.
(3) Regulations may make provision as to the effect, in relation to a general
dental services contract entered into by individuals practising inpartnership, of a change in the membership of the partnership.
(4) In this section—
“dental corporation” means a body corporate which, in
accordance with the provisions of Part 4 of the Dentists Act1984, is entitled to carry on the business of dentistry;
“health care professional” means a person who is a member of a
profession regulated by a body mentioned (at the time thecontract in question is enter ed into) in section 25(3) of the
National Health Service Reform and Health Care ProfessionsAct 2002; and
“NHS employee”, “section 28C employee”, “section 17C
employee” and “Article 15B employee” have the samemeanings as in section 28D above.
28N GDS contracts: payments 
(1) The appropriate authority may give directions as to payments to be
made under general dental services contracts.
(2) A general dental services contract must require payments to be made
under the contract in accordance with directions for the time being inforce under this section.
(3) Without prejudice to the generality of the power under subsection (1),
a direction under that subsection may—
(a) provide for payments to be made by reference to compliance
with standards or the achievement of levels of performance;
(b) provide for payments to be made by reference to— 
(i) any scheme or scale specified in the direction, or
(ii) a determination made by any person in accordance with
factors specified in the direction;
(c) provide for the making of payments in respect of individual
practitioners;
(d) provide that the whole or any part of a payment is subject to
conditions (and may provide that payments are payable by aHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services89
Primary Care Trust or Local Healt h Board only if it is satisfied
as to certain conditions);
(e) make provision having effect from a date before the date of the
direction, provided that, having regard to the direction as awhole, the provision is not detrimental to the persons to whoseremuneration it relates.
(4) Before giving a direction under subsection (1), the appropriate
authority—
(a) must consult any body appearing to the authority to be
representative of persons to whose remuneration the directionwould relate, and
(b) may consult such other persons as the authority thinks
appropriate.
(5) Section 18(1) and (3)(b) above apply in relation to directions under this
section. 
(6) References in this section to payments include fees, allowances,
reimbursements, loans and repayments.
(7) In this section “appr opriate authority” means—
( a ) t h e  S e c r e t a r y  o f  S t a t e ,  i n  r e l a t i o n  t o  a  c o n t r a c t  m a d e  b y  a
Primary Care Trust;
(b) the National Assembly for Wales, in relation to a contract made
by a Local Health Board.
28O  GDS contracts: other required terms
(1) A general dental services contract must  contain such provision as may
be prescribed (in addition to the provision required by the precedingprovisions of this Part). 
(2) Regulations under subsection (1) may in particular make provision as
to—
(a) the manner in which, and standards to which, services are to be
provided;
(b) the persons who perform services;
(c) the persons to whom services are to be provided;
(d) the variation of contract terms (other than terms required by or
under this Part);
(e) rights of entry and inspec tion (including inspection of clinical
records and other documents);
(f) the circumstances in which, and the manner in which, the
contract may be terminated;
(g) enforcement;
(h) the adjudication of disputes.
(3) Regulations under subsection (2)(d) may make provision as to the
circumstances in which a Primary Care Trust or Local Health Boardmay impose a variation of contract terms.
(4) Regulations under subsection (1) must make provision as to the right of
patients to choose the persons from whom they are to receive services.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services90
28P GDS contracts: disputes and enforcement
(1) Regulations may make provision for the resolution of disputes as to the
terms of a proposed general dental services contract. 
(2) Regulations under subsection (1) may make provision— 
(a) for the referral of the terms of the proposed contract to the
Secretary of State or National Assembly for Wales; and
(b) for the Secretary of State or Assembly, or a person appointed by
him or it, to determine the terms on which the contract may beentered into. 
(3) Regulations may make provision for a person or persons entering into
a general dental services contract to be regarded as a health servicebody for any purposes of section 4 of the National Health Service andCommunity Care Act 1990, in circumstances where he or they so elect.
(4) Regulations under subsection (3) may include provision as to the
application of section 4 of that Act in cases where—
(a) persons practising in partnership elect to become a health
service body; and
(b) there is a change in the membership of the partnership.
(5) Where—
(a) by virtue of regulations under subsection (3), subsection (7) of
section 4 of that Act applies in relation to a general dentalservices contract, and
(b) a direction as to payments is made under that provision in
relation to the contract,
the direction is to be enforceable in a county court (if the court so
orders) as if it were a judgment or order of that court.”
(2) Sections 35 and 36 of the 1977 Act (arrangements for general dental services)
shall cease to have effect.
173 General dental services: transitional
(1) The appropriate authority shall by order make transitional provision in respect
of persons who, immediately before the coming into force of section 172, areproviding services under section 35 of the 1977 Act (general dental services).
(2) An order under this section may provide that, in such circumstances as the
order may prescribe, a Primary Care Trust or Local Health Board must, if anysuch person so wishes, enter into a general dental services contract with him;and the order may make provision as to the terms of any such contract. 
(3) An order under this section may provide that, in such circumstances as the
order may prescribe, a Primary Care Trust or Local Health Board must, if anysuch person so wishes, enter into a contract with him, containing such terms asthe order may specify, for the provision of dental services. 
(4) An order under this section may make provision for the resolution of disputes
in relation to any contract entered into, or proposed to be entered into, undersubsection (2) or (3), including provision for the determination of disputes bythe appropriate authority or a person appointed by the authority.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services91
(5) An order under this section may make provision in respect of a period
beginning before the coming into force of the provision (or of section 172),provided that the provision is not as a whole detrimental to the remunerationof the persons to whom it relates.
(6) In this section—
 “appropriate authority” means—
(a) the Secretary of State, in relation to England; and
(b) the Assembly, in relation to Wales;
“general dental services contract” means a contract under section 28K of
the 1977 Act (as inserted by section 172(1)).
Primary medical services
174 Provision of primary medical services
In the 1977 Act, after section 16CB (as inserted by section 171 above) insert—
“16CC Primary medical services
(1) Each Primary Care Trust and Local Health Board must, to the extent
that it considers necessary to meet all reasonable requirements, exerciseits powers so as to provide primary m edical services within its area, or
secure their provis ion within its area.
(2) A Primary Care Trust or Local Health Board may (in addition to any
other power conferred on it)—
(a) provide primary medical services itself (whether within or
outside its area);
(b) make such arrangements for their provision (whether within or
outside its area) as it thinks fit, and may in particular makecontractual arrangements with any person.
(3) Each Primary Care Trust and Local Health Board must publish
information about such matters as may be prescribed in relation to theprimary medical services provided under this Part.
(4) A body on which functions are conferred under this section must co-
operate with any other such body in the discharge of their respectivefunctions relating to the provision of primary medical services underthis Part.
(5) Regulations may provide that services of a prescribed description are,
or are not, to be regarded as primary medical services for the purposesof this Part.
(6) Regulations under this section may in particular describe services by
reference to the manner or circumstances  in which they are provided.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services92
175 General medical services contracts
(1) In the 1977 Act, after section 28P (as inserted by section 172 above) insert—
“General medical services contracts
28Q General medical services contracts: introductory
(1) A Primary Care Trust or Local Health Board may enter into a contract
under which primary medical services are provided in accordance withthe following provisions of this Part.
(2) A contract under this section is called in this Act a “general medical
services contract”.
(3) Subject to any provision made by or under this Part, a general medical
services contract may make such provision as may be agreed betweenthe Primary Care Trust or Local Health Board and the contractor orcontractors in relation to—
(a) the services to be provided under the contract,
(b) remuneration under the contract, and
(c) any other matters.
(4) The services to be provided under a general medical services contract
may include—
(a) services which are not primary medical services;
(b) services to be provided outside the area of the Primary Care
Trust or Local Health Board.
(5) In this Part, “contractor”, in relation to a general medical services
contract, means any person entering into the contract with the PrimaryCare Trust or Local Health Board.
28R Requirement to provide certain primary medical services
(1) A general medical services contract must require the contractor or
contractors to provide, for his or their patients, primary medicalservices of such descriptions as may be prescribed.
(2) Regulations under subsection (1) may in particular describe services by
reference to the manner or circumstances in which they are provided.
28S Persons eligible to enter into GMS contracts
(1) A Primary Care Trust or Local Health Board may, subject to such
conditions as may be prescribed, enter into a general medical servicescontract with— 
(a) a medical practitioner;
(b) two or more individuals practising in partnership where the
conditions in subsection (2) are satisfied; or
(c) a company limited by shares where the conditions in subsection
(3) are satisfied.
( 2 ) T h e  c o n d i t i o n s  r e f e r r e d  t o  i n  s u b s e c t i o n  ( 1 ) ( b )  i n  r e l a t i o n  t o  a
partnership are that—
(a) at least one partner is a medical practitioner; and
(b) any partner who is not a medical practitioner is either—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services93
(i) an NHS employee;
(ii) a section 28C employee, section 17C employee or Article
15B employee; 
(iii) a health care professional who is engaged in the
provision of services under this Act; or
(iv) an individual falling within section 28D(1)(bc) above.
(3) The conditions referred to in subsection (1)(c) in relation to a company
are that—
(a) at least one share in the company is legally and beneficially
owned by a medical practitioner; and
(b) any share which is not so owned is legally and beneficially
owned by a person referred to in subsection (2)(b)(i) to (iv).
(4) Regulations may make provision as to the effect, in relation to a general
medical services contract entered into by individuals practising inpartnership, of a change in the membership of the partnership.
(5) In this section—
“health care professional” has the same meaning as in section 28M
above;
“NHS employee”, “section 28C employee”, “section 17C
employee” and “Article 15B employee” have the samemeanings as in section 28D above.
28T GMS contracts: payments 
(1) The appropriate authority may give directions as to payments to be
made under general medical services contracts.
(2) A general medical services contract must require payments to be made
under the contract in accordance with directions for the time being inforce under this section. 
(3) Without prejudice to the generality of the power under subsection (1),
directions under that subsection may—
(a) provide for payments to be made by reference to compliance
with standards or the achievement of levels of performance;
(b) provide for payments to be made by reference to—
(i) any scheme or scale specified in the direction; or
(ii) a determination made by any person in accordance with
factors specified in the direction;
(c) provide for the making of payments in respect of individual
practitioners;
(d) provide that the whole or any part of a payment is subject to
conditions (and may provide that payments are payable by aPrimary Care Trust or Local Healt h Board only if it is satisfied
as to certain conditions);
(e) make provision having effect from a date before the date of the
direction, provided that, having regard to the direction as awhole, the provision is not detrimental to the persons to whoseremuneration it relates.
(4) Before giving a direction under subsection (1), the appropriate
authority—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services94
(a) must consult any body appearing to the authority to be
representative of persons to whose remuneration the directionwould relate, and
(b) may consult such other persons as the authority thinks
appropriate.
(5) Section 18(1) and (3)(b) apply in relation to directions under this
section. 
(6) References in this section to payments include fees, allowances,
reimbursements, loans and repayments.
(7) In this section “appr opriate authority” means—
( a ) t h e  S e c r e t a r y  o f  S t a t e ,  i n  r e l a t i o n  t o  a  c o n t r a c t  m a d e  b y  a
Primary Care Trust;
(b) the National Assembly for Wales, in relation to a contract made
by a Local Health Board.
28U  GMS contracts: prescription of drugs etc
(1) A general medical services contrac t must contain provision requiring
the contractor or contractors to comply with any directions given by theappropriate authority for the purposes of this section as to the drugs,medicines or other substances which may or may not be ordered forpatients in the provision of medical services under the contract.
(2) A direction under this section must, subject to subsection (3), be given
by regulations.
(3) A direction under this section may be given by an instrument in writing
where it gives effect to a request made in writing to the authoritymaking the direction by a person who is a holder of a Communitymarketing authorization or Un ited Kingdom marketing authorisation
in respect of the drug, medicine or other substance to which the requestrelates.
(4) A direction under this section given by an instrument in writing may
be varied or revoked by a further direction under this section (whethergiven by an instrument in writing or by regulations).
(5) In this section—
“appropriate authority” has the same meaning as in section 28T
above;
“Community marketing authorization” and “United Kingdom
marketing authorisation” have the meanings given by
regulation 1 of the Medicines for Human Use (MarketingAuthorisations Etc.) Regulations 1994 (S.I. 1994/3144).
28V GMS contracts: other required terms
(1) A general medical services contract must contain such provision as
may be prescribed (in addition to the provision required by thepreceding provisions of this Part). 
(2) Regulations under subsection (1) may in particular make provision as
to—
(a) the manner in which, and standards to which, services are to be
provided;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services95
(b) the persons who perform services;
(c) the persons to whom services are to be provided;
(d) the variation of contract terms (other than terms required by or
under this Part);
(e) rights of entry and inspec tion (including inspection of clinical
records and other documents);
(f) the circumstances in which, and the manner in which, the
contract may be terminated;
(g) enforcement;
(h) the adjudication of disputes.
(3) Regulations making provision under subsection (2)(c) must make
provision as to the circumstances in wh ich a contractor or contractors—
(a) must or may accept a person as a patient to whom services are
provided under the contract; or
(b) may decline to accept a person as such a patient; or
(c) may terminate his or their responsibility for a patient. 
(4) Regulations under subsection (2)(d) may—
(a) make provision as to the circumstances in which a Primary Care
Trust or Local Health Board may impose a variation of contractterms;
(b) make provision as to the suspension or termination of any duty
under the contract to provide services of a prescribeddescription.
(5) Regulations making provision of the kind described in subsection (4)(b)
may prescribe services by reference to the manner or circumstances inwhich they are provided. 
(6) Regulations under subsection (1) must make provision as to the right of
patients to choose the persons from whom they are to receive services.
28W GMS contracts: disputes and enforcement
(1) Regulations may make provision for the resolution of disputes as to the
terms of a proposed general medical services contract. 
(2) Regulations under subsection (1) may make provision— 
(a) for the referral of the terms of the proposed contract to the
Secretary of State or National Assembly for Wales; and
(b) for the Secretary of State or Assembly, or a person appointed by
him or it, to determine the terms on which the contract may beentered into. 
(3) Regulations may make provision for a person or persons entering into
a general medical services contract to be regarded as a health servicebody for any purposes of section 4 of the National Health Service andCommunity Care Act 1990, in circumstances where he or they so elect. 
(4) Regulations under subsection (3) may include provision as to the
application of section 4 of that Act in cases where—
(a) persons practising in partnership elect to become a health
service body; and
(b) there is a change in the membership of the partnership.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services96
(5) Where—
(a) by virtue of regulations under subsection (3), subsection (7) of
section 4 of that Act applies in relation to a general medicalservices contract, and
(b) a direction as to payments is made under that subsection in
relation to the contract,
the direction is to be enforceable in a county court (if the court so
orders) as if it were a judgment or order of that court.”
(2) Sections 29 to 34A of the 1977 Act (arrangements for general medical services)
shall cease to have effect.
176 General medical services: transitional
(1) The appropriate authority shall by order make transitional provision in respect
of persons who, immediately before the coming into force of section 175, areproviding services under section 29 of the 1977 Act (general medical services).
(2) An order under this section may provide that, in such circumstances as the
order may prescribe, a Primary Care Trust or Local Health Board must, if anysuch person so wishes, enter into a general medical services contract with him;and the order may make provision as to the terms of any such contract.
(3) An order under this section may provide that, in such circumstances as the
order may prescribe, a Primary Care Trust or Local Health Board must, if anysuch person so wishes, enter into a contract with him, containing such terms asthe order may specify, for the provision of medical services.
(4) An order under this section may make provision for the resolution of disputes
in relation to any contract entered into, or proposed to be entered into, undersubsection (2) or (3), including provision for the determination of disputes bythe appropriate authority or a person appointed by the authority.
(5) An order under this section may make provision in respect of a period
beginning before the coming into force of the provision (or of section 175),provided that the provision is not as a whole detrimental to the remunerationof the persons to whom it relates.
(6) In this section—
 “appropriate authority” means—
(a) the Secretary of State, in relation to England; and
(b) the Assembly, in relation to Wales;
“general medical services contract” means a contract under section 28Q of
the 1977 Act (as inserted by section 175).
Primary dental and medical services: supplementary
177 Arrangements under section 28C of the 1977 Act
(1) Section 28D of the 1977 Act (person s with whom arrangements under section
28C of that Act may be made) is amended as follows.
(2) In subsection (1), for paragraphs (b) and (c) substitute—
“(b) a medical practitioner who meets the prescribed conditions;
(ba) a dental practitioner who meets the prescribed conditions;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services97
(bb) a health care professional who meets the prescribed conditions;
(bc) an individual who is providing services—
(i) under a general medical services contract or general
dental services contract;
(ii) in accordance with section 28C arrangements, section
17C arrangements or Article 15B arrangements; or
(iii) under section 19 or 25 of the 1978 Act or Article 56 or 61
of the Health and Personal Social Services (NorthernIreland) Order 1972 (1972 No. 1256 (N.I. 14));
or has so provided them within such period as may be
prescribed;”.
(3) After subsection (1) insert—
“(1A) The power under subsection (1) to make an agreement with a person
falling within paragraph  (bc) or (d) of that subsection is subject to such
conditions as may be prescribed.”
(4) In subsection (2), after the definition of “the 1978 Act” insert—
“health care professional” means a person who is a member of a
profession regulated by a body mentioned (at the time the agreementin question is made) in section 25(3) of the National Health ServiceReform and Health Care Professions Act 2002;”.
(5) In that subsection, for the definition of “NHS employee” substitute—
““NHS employee” means an individual who, in connection with the
provision of services in the health service in England and Wales,Scotland or Northern Ireland, is employed by—
(a) an NHS trust, an NHS foundation trust or (in Northern Ireland)
a Health and Social Services Trust;
(b) a Primary Care Trust or Local Health Board;
(c) a person who is providing services under a general medical
services contract or a gener al dental services contract;
(d) an individual who is providing services as specified in
subsection (1)(bc)(iii) above;”.
(6) In the definitions of “section 17C employee” and “section 28C employee”, for
“an individual providing” substitute “a person providing or performing”.
(7) In section 28E of the 1977 Act (regulations), in subsection (3), after paragraph
(c) insert—
“(ca) impose conditions (including conditions as to qualifications
and experience) to be satisfied by persons performing servicesin accordance with section 28C arrangements;”.
(8) In that section, after subsection (3) insert—
“(3A) The regulations may also require payments to be made under the
arrangements in accordance with directions given for the purpose bythe Secretary of State; and section 18(1) and (3)(b) apply in relation toany such directions.
(3B) A direction under subsection (3A) may make provision having effect
from a date before the date of the direction, provided that, havingregard to the direction as a whole, the provision is not detrimental tothe persons to whose remuneration it relates.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services98
(9) In that section, after subsection (3B) (as inserted by subsection (8) above),
insert—
“(3C) The regulations may also include provi sion requiring a Primary Care
Trust or Local Health Board, in prescribed circumstances and subject toprescribed conditions, to enter into a general medical services contractor general dental services contract on prescribed terms with any personproviding services under section 28C arrangements who so requests.”
(10) In that section, after subsection (3C) (as inserted by subsection (9) above)
insert—
“(3D) The regulations may also include provision for the resolution of
disputes as to the terms of any proposed section 28C arrangements, andin particular may make provision—
(a) for the referral of the terms of the proposed arrangements to the
Secretary of State or National Assembly for Wales; and
(b) for the Secretary of State, or Assembly, or a person appointed by
him or it, to determine the terms on which the arrangementsmay be entered into.”
(11) In that section, after subsection (3D) (as inserted by subsection (10) above)
insert—
“(3E) The regulations must provide for the circumstances in which a person
providing primary medical services  under section 28C arrangements—
(a) must or may accept a person as a patient to whom such services
are so provided;
(b) may decline to accept a person as such a patient;
(c) may terminate his responsibility for a patient.
(3F) The regulations must make provision as to the right of patients to
choose the persons from whom they are to receive services undersection 28C arrangements.”
(12) In that Act, sections 28F (choice of medical practitioner), 28G (choice of dental
practitioner) and 28H (immunisation) shall cease to have effect.
178 Abolition of pilot schemes
(1) Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46) (power to
make pilot schemes for the provision  of personal medical and dental services)
shall cease to have effect.
(2) This section extends to England and Wales only.
179 Persons performing primary medical and dental services
(1) In the 1977 Act, after section 28W (as inserted by section 175 above) insert—
“28X Persons performing primary medical and dental services
(1) Regulations may provide that a health care professional of a prescribed
description may not perform any prim ary medical service for which a
Primary Care Trust or Local Health Board is responsible unless he is
included in a list maintained under the regulations by a Primary CareTrust or Local Health Board.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services99
(2) Regulations may provide that a health care professional of a prescribed
description may not perform any primary dental service for which aPrimary Care Trust or Local Health Board is responsible unless he is
included in a list maintained under the regulations by a Primary CareTrust or Local Health Board.
(3) For the purposes of this section—
(a) “health care professional” means a person who is a member of
a profession regulated by a body for the time being mentionedin section 25(3) of the National Health Service Reform andHealth Care Professions Act 2002;
(b) a Primary Care Trust or Local Health Board is responsible for a
medical or dental service if it provides the service, or secures itsprovision, by or under any enactment.
(4) Regulations under this section may make provision in relation to lists
under this section and in particular as to—
(a) the preparation, maintenance and publication of a list;
(b) eligibility for inclusion in a list; 
(c) applications for inclusion (including provision as to the
Primary Care Trust or Local Health Board to which anapplication must be made, and for the procedure forapplications and the documents to be supplied on application);
(d) the grounds on which an application for inclusion may or must
be granted or refused;
(e) requirements with which a person included in a list must
comply (including the declaration of financial interests and giftsand other benefits);
(f) suspension or removal from a li st (including provision for the
grounds for, and consequences of, suspension or removal);
(g) circumstances in which a person included in a list may not
withdraw from it;
(h) payments to be made in respect of a person suspended from the
list (including provision for the amount of the payment, or themethod of calculating the payment, to be determined by theSecretary of State or National Assembly for Wales, or a personappointed by him or it);
(i) the criteria to be applied in making decisions under the
regulations;
(j) appeals against decisions made by a Primary Care Trust or
Local Health Board under the regulations; and
(k) disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals;
and may make any provision corresponding to anything in sections 49F
to 49N below.
(5) Regulations under this section may, in particular, also provide for—
(a) a person’s inclusion in a list to be subject to conditions
determined by a Primary Care Trust or Local Health Board;
(b) a Trust or Board to vary the conditions or impose different ones;
( c ) t h e  c o n s e q u e n c e s  o f  f a i l i n g  t o  c o m p l y  w i t h  a  c o n d i t i o n
(including removal from the list);Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services100
(d) the review by a Trust or Board of decisions made by it by virtue
of the regulations.
(6) The imposition of such conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services to
which the list relates, or
(b) preventing fraud.
(7) Regulations making provision as to the matters referred to in
subsection (4)(k) may in particular authorise the disclosure ofinformation—
(a) by a Primary Care Trust or Local Health Board to the Secretary
of State or the National Assembly for Wales; and
(b) by the Secretary of State or the National Assembly for Wales to
a Primary Care Trust or Local Health Board.”
(2) In section 49M(7) of that Act, at the end there is inserted “; and regulations
under this subsection may include provision of the kind referred to in section49I(10)”.
180 Assistance and support
In the 1977 Act, after section 28X (as inserted by section 179 above) insert—“28Y Assistance and support
(1) A Primary Care Trust or Local Health Board may provide assistance or
support to—
(a) any person providing, or proposing to provide primary medical
services or primary dental services under a general medicalservices contract or a gener al dental services contract;
(b) any person providing, or proposing to provide, such services in
accordance with section 28C arrangements.
(2) Assistance or support provided by a Primary Care Trust or Local
Health Board under subsection (1) is to be provided on such terms,including terms as to payment, as the Trust or Board thinks fit.
(3) In this section “assistance”  includes financial assistance.”
Dental services: miscellaneous
181 Abolition of Dental Practice Board
The Dental Practice Board is abolished.
182 Special Health Authorities
(1) In section 16B of the 1977 Act (exercise of functions by Primary Care Trusts), at
the end insert—
“(4) The Secretary of State may by order make provision for the transfer to
a Special Health Authority of the righ ts and liabilities of a Primary Care
Trust under a general dental services contract in a case where theAuthority exercises functions of the Trust in relation to the contract byHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services101
virtue of subsection (2)(b) above (and for their transfer back to the Trust
where the Authority ceases to exercise those functions).”.
(2) In section 16BC of that Act (exercise of functions by Local Health Boards), at
the end insert—
“(4) The Assembly may by order make provision for the transfer to a Special
Health Authority of the rights an d liabilities of a Local Health Board
under a general dental services contract in a case where the Authorityexercises functions of the Board in relation to the contract by virtue ofsubsection (2)(b) above (and for their transfer back to the Board wherethe Authority ceases to exercise those functions).”.
183 Charges for dental services
(1) In the 1977 Act, for sections 78A to 79A substitute—
“79 Dental charging
(1) Regulations may provide for the making and recovery, in such manner
as may be prescribed, of charges for relevant dental services.
(2) Regulations under subsection (1) may in  particular include provision—
(a) specifying the amount, or maximum amount, of any charge (or
aggregate charge in respect of the provision for two or morerelevant dental services);
(b) for calculating the amount of any charge;
(c) for the variation of the amount, or maximum amount, of any
charge in cases of a prescribed description;
(d) for any charge not to be payable in cases of a prescribed
description;
(e) for power to direct that a charge is not payable in any particular
case;
(f) for the repayment of any charge (including provision as to the
persons by whom, and manner in which, repayments are to bemade).
(3) Regulations under subsection (1) may provide for sums which would
otherwise be payable by a Primary Care Trust, Local Health Board orSpecial Health Authority to persons providing relevant dental servicesto be reduced by the amount of the charges authorised by theregulations.
(4) This section is subject to Schedule 12ZA.(5) In this section and Schedule 12ZA “relevant dental services” means—
(a) dental treatment provided—
(i) under section 16CA(2) above (dental services provided
by a Primary Care Trust or Local Health Board);
(ii) under a general dental services contract;
(iii) in accordance with section 28C arrangements; and
(b) the supply of dentures and other dental appliances under this
Act.
(6) Any reference in this section or Schedule 12ZA to the supply of an
appliance includes a reference to its repair, adjustment, refitting orHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services102
replacement and, in the case of dentures, to their being relined or
having additions made to them.”
(2) After Schedule 12 to that Act insert—
“SCHEDULE 12ZA
DENTAL CHARGING :EXEMPTIONS
General exemptions
1 (1) No charge is to be made under regulations under section 79(1) in
respect of a relevant dental service provided for any person who atthe prescribed time—
(a) was under 18;
(b) was under 19 and receiving qualifying full-time education;
(c) was pregnant; or
(d) had given birth to a child within the previous 12 months.
(2) In sub-paragraph (1)(b), “qualifying full-time education” means full-
time instruction at a recognised educational establishment or by
other means accepted as comparable by the person or body makingthe regulations.
(3) For the purposes of sub-paragraph (2)—
(a) “recognised educational establishment” means an
establishment recognised by the person or body making theregulations as being, or as comparable to, a school, college oruniversity; and
(b) regulations may prescribe the circumstances in which a
person is or is not to be treated as receiving full-timeinstruction.
(4) In sub-paragraph (1)(d), “child” includes a still-born child (within
the meaning of the Births an d Deaths Registration Act 1953).
(5) This paragraph is subject to paragraph 3.
Repair and replacement
2 (1) No charge is to be made under regulations under section 79(1) in
respect of the repair or replacement of any appliance.
(2) This paragraph is subject to paragraph 3.
Exceptions to paragraphs 1 and 2
3 Paragraphs 1 and 2 do not apply in relation to—
(a) the repair or replacement of any appliance of a prescribed
description; or
(b) the repair or replacement of any appliance where it is
determined in the prescribed manner—
(i) in any case, that the repair or replacement was
necessitated by an act or omission of the personsupplied; or
(ii) in a case where the person supplied was under the
age of 16, that the repair or replacement wasHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 4 — Dental and medical services103
necessitated by an act or omission, occurring while
that person was under that age, of a person havingcharge of him.
Hospital patients
4 No charge is to be made un der regulations under section 79(1) in
respect of any appliance supplied to a patient for the time beingresident in a hospital.
5 Paragraph 4 does not apply where an appliance is supplied—
(a) under section 16CA(2) above;
(b) under a general dental services contract; or
(c) in accordance with section 28C arrangements.
Arrest of bleeding
6 No charge is to be made un der regulations under section 79(1) in
respect of the arrest of bleeding.
Declarations and evidence
7 Regulations may provide, with respect to any exemption under this
Schedule, that it is to be a condition of the exemption that—
(a) a declaration of the prescribed kind is made in the prescribed
form and manner; or
(b) a certificate or other evidence of the prescribed kind is
supplied in the prescribed form and manner.”
(3) In section 126 of that Act—
(a) in subsection (1), after “PCT order” insert “or an instrument to which
subsection (1A) applies”;
(b) after subsection (1) insert—
“(1A) The Secretary of State may not make a statutory instrument
containing the first regulations made under section 79(1) above(as substituted by the Health and Social Care (CommunityHealth and Standards) Act 2003) unless a draft of theinstrument has been laid before, and approved by resolution of,each House of Parliament.”
(4) In respect of any period after the coming into force of this section but before the
coming into force of section 178, section  79(5)(b) of the 1977 Act (as inserted by
subsection (1) above) shall have effect as if it included a reference to the supplyof dentures and other dental appliances in accordance with a pilot schemeunder Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46).
General
184 Minor and consequential amendments
Schedule 11 (which contains minor and consequential amendments relating to
this Part) has effect.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous104
PART 5
MISCELLANEOUS
Welfare Food Schemes
185 Replacement of the Welfare Food Schemes: Great Britain
(1) In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution
etc of welfare foods), substitute—
“13 Benefits 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 thescheme; 
(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 mentionedin paragraph (c), in respect of things provided or done by themin 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;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous105
(g) for the scheme, or prescribed provisions of the scheme, to be
administered on behalf of the Secretary of State by such healthservice body, or other description of body, as may beprescribed;
(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 th e 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 hehas 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 Act1992 (c. 5) (including enactments relating to offences and criminalproceedings) are to have effect for the purpose of administering thescheme 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 ofthe 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 meanin g as may be prescribed;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous106
“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 oremployee 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).
186 Replacement of the Welfare Food Schemes: Northern Ireland
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 ofdevolved government) which contains a statement that it is made only forpurposes 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 employment
187 Appointments to certain health and social care bodies
(1) This section applies to a body (however established) which has functions
relating to—
(a) health;
(b) social care;
(c) the regulation of professions associated with health or social care.
(2) The Secretary of State may direct a Special Health Authority to exercise so
much of the appointments function relating to a body to which this sectionapplies as is specified in the direction.
(3) If the Secretary of State gives a direction under subsection (2) the 1977 Act has
effect as if—
(a) the direction is a direction of the Secretary of State under section 16D of
that Act;
(b) the function is exercisable by the Special Health Authority under
section 16D.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous107
(4) If the Secretary of State gives a direction under subsection (2) in respect of a
body which exercises functions in relation to any part of the United Kingdomother than England and Wales subsection (5) applies—
(a) at the time the direction is given;
(b) for the purposes of anything done by a Special Health Authority in
pursuance of the direction.
(5) Sections 11 and 16D of and (so far as relating to a Special Health Authority)
Schedule 5 to the 1977 Act and any other provision of that Act which relates tothe exercise of the function in pursuance of the direction must be taken toextend to any part of the United Kingdom in relation to which the bodyexercises functions.
(6) The appointments function is any function exercisable by the Secretary of State
in relation to—
(a) the appointment of persons to be members of a body to which this
section applies;
(b) the removal (whether permanently or otherwise) of such persons from
the membership of the body,
and includes any function relating to the appointment to or removal from
(whether permanently or otherwise) any particular office in the membership ofthe body.
( 7 ) F o r  t h e  p u r p o s e s  o f  t h i s  s e c t i o n  i t  i s  i m m a t e r i a l  t h a t  a  b o d y  h a s  f u n c t i o n s
relating to matters other than those specified in subsection (1).
(8) Schedule 12 amends certain enactments which provide for appointments to be
made to certain bodies by or on the advice of the Privy Council.
(9) If in the exercise of a power conferred by virtue of that Schedule the Privy
Council gives a direction corresponding to a direction given by the Secretaryof State under subsection (2) above, subsections (3) to (5) above apply for thepurposes of the Privy Council’s direction as they apply for the purposes of adirection given by the Secretary of State.
(10) Nothing in this section applies in relation to the Commission for Healthcare
Audit and Inspection or the Commission for Social Care Inspection.
188 Appointments to certain health and social care bodies: joint functions
(1) This section applies if (apart from section 187) the appointments function in
relation to a body is exercisable jointly or concurrently with a person who is nota Minister of the Crown.
(2) A requirement to exercise the function jointly or concurrently does not prevent
the Secretary of State from making a direction in relation to the body but hemust not do so unless he first consults the other person.
(3) If a direction is given as  mentioned in subsection (2 ) so much of the functions
of the Secretary of State and of the other person as are specified in the directionis exercisable by the Special Health Authority acting alone.
(4) Subsections (2) and (3) do not apply if the other person is the Scottish Ministers
but that does not prevent the Secretary of State from giving a direction undersection 187 in relation to the exercise of any function he has.
(5) Appointments function has the same meaning as in section 187.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous108
189 Validity of clearance for employment in certain NHS posts
(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 ofthe 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 isemployed by that body) another NHS body or an employmentagency or employment business has ascertained that he is notincluded 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 ofthe 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 isemployed by that body) another NHS body or an employmentagency or employment business has ascertained that he is notincluded 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;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 5 — Miscellaneous109
(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 Act2002 (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 orderto make provision reforming law wh ich imposes burdens) whether any
provision of either of the following Acts falls within subsection (4)(a) of thatsection (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).
Public Health Laboratory Service Board
190 Abolition of Public Health Laboratory Service Board
(1) The Public Health Laboratory Service Board is abolished.
(2) Schedule 13 has effect.
(3) On the day this section is commenced by order under section 199 the property,
rights and liabilities of the Board vest in the Secretary of State.
Other provisions
191 Loans by Secretary of State to NHS trusts
(1) Paragraph 1 of Schedule 3 to the National Health Service and Community Care
Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows.
(2) In sub-paragraph (6), the words “, with the consent of the Treasury,” are
omitted.
192 Amendment of provision relating to reform of Welsh health authorities
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)”.
P
ART 6
FINAL PROVISIONS
193 Financial provisions
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue of this Act;
andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 6 — Final provisions110
(b) any increase attributable to this Act in the sums payable out of money
so provided under any other Act.
194 Interpretation
In this Act—
“the 1977 Act” means the National Health Service Act 1977 (c. 49);“the Assembly” means the National Assembly for Wales.
195 Orders and regulations
(1) Any order or regulations under this Act—
(a) may make different provision for different purposes; and
(b) may make incidental, supplementar y, consequential, transitory or
transitional or saving provision.
(2) Any power to make regulations conferred by this Act (as well as being
exercisable in relation to all cases to which it extends) may be exercised inrelation to all those cases subject to exceptions or in relation to any particularcase or class of case.
(3) Before making any regulations under Part 3 the Secretary of State must consult
the Assembly.
(4) Any power to make an order or regulations under this Act is exercisable by
statutory instrument.
(5) The Secretary of State may not make a statutory instrument containing—
(a) regulations under section 150(12),
(b) the first regulations made under section 26, 35 or 153(2), or
(c) an order or regulations under this Act making, by virtue of subsection
(1)(b) or section 200 or 201, provision which amends or repeals any partof the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by
resolution of, each House of Parliament.
(6) A statutory instrument containing any other order or regulations under this
Act made by the Secretary of State (apart from an order under section 22, 25(3),28 or 199) is subject to annulment in pursuance of a resolution of either Houseof Parliament.
(7) The Scottish Ministers may not make a statutory instrument containing—
(a) regulations under section 150(12),
(b) the first regulations made under section 153(2), or
(c) an order or regulations under this Act making, by virtue of subsection
(1)(b) or section 200 or 201, provision which amends or repeals any partof the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by
resolution of, the Scottish Parliament.
(8) A statutory instrument containing any other order or regulations under this
Act made by the Scottish Ministers (apart from an order under section 199) issubject to annulment in pursuance of a resolution of the Scottish Parliament.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 6 — Final provisions111
196 Repeals and revocations
The enactments mentioned in Schedule 14 (which include provisions of Acts of
the Scottish Parliament) are repealed or revoked to the extent specified.
197 Wales
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999 (S.I. 1999/672), any reference to an Act which is amended by thisAct shall (as from the time when the Act is so amended) be treated as referringto that Act as amended by this Act.
(2) Subsection (1) does not affect the power to make further Orders varying or
omitting any reference to an Act which is amended by this Act.
198 Isles of Scilly
The Secretary of State may by order provide that this Act, in its application to
the Isles of Scilly, is to have effect with such modifications as may be specifiedin the order.
199 Commencement 
(1) Subject to this section—
(a) the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to
5, and
(b) section 196 and Schedule 14, 
shall come into force on such day as the appropriate authority may by order
appoint.
(2) The appropriate authority is—
(a) in relation to Part 1, and section 19 6 and Schedule 14 so far as relating
to that Part, the Secretary of State;
(b) in relation to Part 2—
(i) for section 42 and Schedule 7, sections 57 and 61, Chapter 5,
sections 102 to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133,135, 139 and 141, section 147 and Schedule 9 so far as relating tothe Commission for Social Care Inspection, and section 196 andSchedule 14 so far as relating to those provisions, the Secretaryof State;
(ii) for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142
to 145 and section 196 and Schedule 14 so far as relating to thoseprovisions, the Assembly; 
(iii) for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147
and paragraph 4 of Schedule 9 and section 196 and Schedule 14
so far as relating to those provisions, the Secretary of State, inrelation to England, and the Assembly, in relation to Wales; and
(iv) for the other provisions of the Part, and section 196 and
Schedule 14 so far as relating to those provisions, the Secretaryof State after consulting the Assembly;
(c) in relation to Part 3, and section 19 6 and Schedule 14 so far as relating
to that Part—
(i) in relation to England and Wales, the Secretary of State after
consulting the Assembly; andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 6 — Final provisions112
(ii) in relation to Scotland, the Scottish Ministers with the consent
of the Secretary of State;
(d) in relation to section 181, and section 196 and Schedule 14 so far as
relating to section 181, the Secretary of State;
(e) in relation to the other provisions of Part 4, and section 196 and
Schedule 14 so far as relating to those provisions—
(i) in relation to England, the Secretary of State; and
(ii) in relation to Wales, the Assembly;
(f) in relation to Part 5, and section 19 6 and Schedule 14 so far as relating
to that Part, the Secretary of State.
(3) Different days may be appointed for different purposes.
(4) Subsection (1) does not apply in relation to any provision of this Act so far as it
confers power to make an order or regulations, or to section 167, 186 or 192.
200 Transitional or transitory provision and savings
(1) The appropriate authority may by order make such transitional or transitory
provisions and savings as the authority considers appropriate in connectionwith the coming into force of any provision of this Act.
(2) For the purposes of this section “appr opriate authority”, in relation to any
provision of this Act, means the author ity which is the appropriate authority
in relation to that provision for the purposes of section 199.
(3) An order under this section may modify any Act (including an Act of the
Scottish Parliament) or subordinate legislation.
(4) Nothing in any transitional or tran sitory provisions and savings contained in
this Act restricts the power under this section to make other transitionalprovisions and savings.
201 Supplementary and consequential provision
(1) The appropriate authority may by order make such supplementary, incidental
or consequential provision as he or it thinks appropriate for the purposes of, in
consequence of or for giving full effect to any provision of this Act.
(2) For the purposes of this section “appr opriate authority”, in relation to any
provision of this Act, means the author ity which is the appropriate authority
in relation to that provision for the purposes of section 199.
(3) An order under this section may modify any Act (including an Act of the
Scottish Parliament) or subordinate legislation.
(4) The power under this section is not restricted by any other provision of this
Act.
202 Extent
(1) The amendment or repeal of any provision by this Act has the same extent as
the provision being amended or repealed (subject to any express limitationcontained in this Act).
(2) Subject to that and except as provided below this Act extends to England and
Wales only.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Part 6 — Final provisions113
(3) The following provisions also extend to Scotland—
(a) sections 124 and 125;
(b) Part 3, except for section 163(3);
(c) sections 185, 187 and 188 and Schedule 12;
(d) this Part.
(4) The following provisions also extend to Northern Ireland—
(a) sections 124 and 125;
(b) section 186;
(c) sections 187, 188 and Schedule 12;
(d) this Part.
203 Short title
This Act may be cited as the Health and Social Care (Community Health and
Standards) Act 2003.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations114
SCHEDULES
SCHEDULE 1 Section 1
CONSTITUTION OF PUBLIC BENEFIT CORPORATIONS
Requirement for a constitution
1 (1) A public benefit corporation is to have a constitution.
(2) As well as any provision authorised or required to be made by this Schedule,
the constitution may make further provision (other than provision as to thepowers of the corporation) consistent with this Schedule.
2 The constitution is to name the corporation and, if the corporation is an NHS
foundation trust, its name must include the words “NHS foundation trust”.
Eligibility for membership
3 (1) The persons who may become or continue as members of a public benefit
corporation are—
(a) individuals who live in any area specified in the constitution as the
area for a public constituency,
(b) individuals employed by the corporation under a contract of
employment and, if the constitution so provides, individuals whoexercise functions for the purposes of the corporation otherwise thanunder a contract of employment with the corporation,
(c) if the constitution so provides, individuals who have attended any of
the corporation’s hospitals as either a patient or the carer of a patientwithin a period specified in the constitution.
(2) The constitution may specify one or more areas as areas for public
constituencies, each of which must be an electoral area for the purposes oflocal government elections in England and Wales or an area consisting oftwo or more such electoral areas.
(3) A person may become or continue as a member of the corporation by virtue
of sub-paragraph (1)(b) only if—
(a) he is employed by the corporation under a contract of employment
which has no fixed term or has a fixed term of at least 12 months, or
(b) he has been continuously employed by the corporation for at least 12
months or, where he exercises functions for the purposes of thecorporation as mentioned in that sub-paragraph, he has done socontinuously for such a period.
  Chapter 1 of Part 14 of the Employment Rights Act 1996 (c. 18) applies for
the purpose of determining whether an individual has been continuouslyemployed by the corporation, or has continuously exercised functions forthe purposes of the corporation, as it applies for the purposes of that Act.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations115
(4) The constitution may divide those who come within sub-paragraph (1)(b)
into two or more descriptions of individuals.
(5) An individual providing care in pursuance of a contract (including a
contract of employment), or as a volunteer for a voluntary organisation,does not come within sub-paragraph (1)(c).
A voluntary organisation is a body, other than a public or local authority,
the activities of which are not carried on for profit.
(6) The constitution may divide those who come within sub-paragraph (1)(c)
into three or more descriptions of individuals, one of which is to comprisethe carers of patients.
(7) The constitution may make further provision as to the circumstances in
which a person may not become or continue as a member.
Constituencies
4 (1) Members of a public benefit corporation are referred to as follows.
(2) Those who live in an area specified in the constitution as an area for any
public constituency are referred to collectively as a public constituency.
(3) Those who come within paragraph 3(1)(b) are referred to collectively as the
staff constituency and, if the power in paragraph 3(4) is exercised, eachdescription of members is referred to as a class within that constituency.
(4) Those who come, within paragraph 3(1)(c) are referred to collectively as the
patients’ constituency and, if the power in paragraph 3(6) is exercised, eachdescription of members is referred to as a class within that constituency.
(5) A person who is a member of a constituency, or of a class within a
constituency, may not while that membership continues be a member of anyother constituency or class.
(6) A person who comes within paragraph 3(1)(b) may not become or continue
as a member of any constituency other than the staff constituency.
5 The constitution is to require a minimum number of members of each
constituency or, where there are classes within the constituency, of eachclass.
Becoming a member
6 (1) An individual who is eligible to become a member of a public benefit
corporation may do so on an application made to the corporation.
(2) The constitution may provide for any individual who is—
(a) eligible to become a member of the staff constituency, and
(b) invited by the corporation to become a member of that constituency
(and, where there are classes within the constituency, a member ofthe appropriate class),
to become a member of the corporation as a member of that constituency
(and class) without an application being made, unless he informs thecorporation that he does not wish to do so.
(3) The constitution may provide for any individual who is—
(a) eligible to become a member of the patients’ constituency (otherwise
than as the carer of a patient), andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations116
(b) invited by the corporation to become a member of a specified
constituency (and where there are classes within the constituency, amember of the specified class),
to become a member of the corporation as a member of that constituency
(and class) without an application being made, unless he informs thecorporation that he does not wish to do so.
(4) The constituency and, where applicable, class to be specified—
(a) if he is eligible to be a member of any public constituency, is that
constituency,
(b) otherwise, is the patients’ constituency and, where applicable, the
class of which he is eligible to become a member.
Board of Governors
7 (1) A public benefit corporation is to have a board of governors.
(2) Only members of the corporation and persons appointed under the
following provisions may become or continue as members of the board.
(3) The members of the board other than the appointed members are to be
chosen by election.
(4) Members of a constituency or, where there are classes within it, members of
each class may elect any of their number to be a member of the board.
8 (1) The following may not become or  continue as members of the board of
governors—
(a) a person who has been adjudged bankrupt or whose estate has been
sequestrated and (in either case) has not been discharged,
(b) a person who has made a composition or arrangement with, or
granted a trust deed for, his creditors and has not been discharged inrespect of it,
(c) a person who within the preceding five years has been convicted in
the British Islands of any offence if a sentence of imprisonment(whether suspended or not) for a period of not less than threemonths (without the option of a fine) was imposed on him.
(2) The constitution may make further provision as to the circumstances in
which a person may not become or continue as a member of the board.
9 (1) More than half of the members of the board of governors are to be elected by
members of the corporation other than those who come within paragraph3(1)(b).
(2) At least three members of the board are to be elected by the staff
constituency or, where there are classes within it, at least one member of theboard is to be elected by each class and at least three members are to beelected altogether.
(3) At least one member of the board is to be appointed by a Primary Care Trust
for which the corporation provides goods or services.
(4) At least one member of the board is to be appointed by one or more
qualifying local authorities.
A qualifying local authority is a local au thority for an area which includes
the whole or part of an area specified in the constitution as the area for apublic constituency.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations117
(5) If any of the corporation’s hospitals includes a medical or dental school
provided by a university, at least one member of the board is to be appointedby that university.
(6) An organisation specified in the constitution as a partnership organisation
may appoint a member of the board.
10 (1) An elected member of the board of governors may hold office for a period of
three years.
(2) Such a member is to be eligible for re-election at the end of that period.
(3) But such a member ceases to hold office if he ceases to be a member of the
corporation.
11 The corporation may pay travelling and other expenses to members of the
board of governors at rates decided by the corporation.
12 The constitution is to provide for the chairman of the corporation or (in his
absence) another person to preside at meetings of the board of governors.
13 (1) The constitution is to provide for meetings of the board of governors to be
open to members of the public.
(2) But the constitution may provide for members of the public to be excluded
from a meeting for special reasons.
14 (1) The constitution is to make provision as to—
(a) the conduct of elections for membership of the board,
(b) the appointment of persons to membership,
(c) the practice and procedure of the board,
(d) the removal of a member from office.
(2) The constitution may make further provision about the board.
Directors
15 (1) A public benefit corporation is to have a board of directors.
(2) The constitution is to provide for all the powers of the corporation to be
exercisable by the board of directors on its behalf.
(3) But the constitution may provide for any of those powers to be delegated to
a committee of directors or to an executive director.
16 (1) The board is to consist of—
(a) executive directors, one of whom is to be the chief executive (and
accounting officer) and another the finance director,
(b) non-executive directors, one of whom is to be the chairman.
(2) One of the executive directors is to be a registered medical practitioner or a
registered dentist (within the meaning of the Dentists Act 1984 (c. 24)); and
another is to be a registered nurse or a registered midwife.
(3) A person may not be appointed as an executive director if he is within
paragraph 8(1).
(4) A person may be appointed as a non-executive director only if—
(a) he is a member of a public constituency or the patients’ constituency,
or
(b) where any of the corporation’s hospitals includes a medical or dental
school provided by a university, he exercises functions for thepurposes of that university,Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations118
and he is not within paragraph 8(1).
17 (1) It is for the board of governors at a general meeting to appoint or remove the
chairman and the other non-executive directors.
Removal of a non-executive director under this sub-paragraph requires
the approval of three-quarters of the members of the board.
(2) It is for the non-executive directors to appoint or remove the chief executive.(3) It is for a committee consisting of the chairman, the chief executive and the
other non-executive directors to appoint or remove the executive directors.
(4) The appointment of a chief executive requires the approval of the board of
governors.
18 (1) It is for the board of governors at a general meeting to decide the
remuneration and allowances, and the other terms and conditions of office,of the non-executive directors.
(2) The corporation is to establish a committee of non-executive directors to
decide the remuneration and allowances, and the other terms andconditions of office, of the executive directors; but the constitution maymake provision for those matters to be decided pending the establishmentof such a committee.
Initial directors of former NHS trusts
19 (1) This paragraph applies, where th e application for authorisation is made
under section 4, to the exercise of the powers mentioned in paragraph 17 toappoint the initial non-executive direc tors and the initial chief executive.
(2) The power to appoint the initial ch airman of the corporation is to be
exercised by appointing the chairman of the NHS trust, if he wishes to beappointed.
(3) The power to appoint the other initial non-executive directors of the
corporation is to be exercised, so far as possible, by appointing any of thenon-executive directors of the NHS trust (other than the chairman) whowish to be appointed.
(4) A person appointed in accordance with sub-paragraph (2) or (3) is to be
appointed for the unexpired period of his term of office as chairman or (asthe case may be) non-executive director of the NHS trust; but if, on any suchappointment, that period is less than 12 months, he is to be appointed for 12months.
(5) The power to appoint the initial chief executive of the corporation is to be
exercised by appointing the chief officer of the NHS trust, if he wishes to beappointed.
(6) Sub-paragraphs (a) and (b) of paragraph 16(4) do not apply to the
appointment of any initial non-executive director in pursuance of thisparagraph; and paragraph 17(4) does not apply to the appointment of theinitial chief executive of the corporation in pursuance of sub-paragraph (5).
Register of members etc.
20 (1) A public benefit corporation is to have—
(a) a register of members showing, in respect of each member, the
constituency to which he belongs and, where there are classes withinit, the class to which he belongs,Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations119
(b) a register of members of the board of governors,
(c) a register of interests of the members of the board of governors,
(d) a register of directors,
(e) a register of interests of the directors.
(2) The constitution may make further provision about the registers including,
in particular, admission to, and removal from, the registers.
21 The constitution is to make provision fo r dealing with conflicts of interest of
members of the board of governors and of the directors.
22 (1) A public benefit corporation is to make the following documents available
for inspection by members of the public free of charge at all reasonabletimes—
(a) a copy of the current constitution,
(b) a copy of the current authorisation,
(c) a copy of the latest annual accounts and of any report of the auditor
on them,
(d) a copy of the latest annual report,
(e) a copy of the latest information as to its forward planning,
(f) a copy of any notice given under section 23.
(2) Any person who requests it is to be provided with a copy of or extract from
any of the above documents.
(3) The corporation is also to make the registers mentioned in paragraph 20
available for inspection by members of the public, except in circumstancesprescribed by regulations; and, so far as the registers are required to beavailable—
(a) they are to be available free of charge at all reasonable times,
(b) a person who requests it is to be provided with a copy of or extract
from them.
(4) If the person requesting a copy or extract under this paragraph is not a
member of the corporation, the corporation may impose a reasonable chargefor doing so.
Auditor
23 (1) A public benefit corporation is to have an auditor.
(2) It is for the board of governors to appoint or remove the auditor at a general
meeting of the board.
(3) An officer of the Audit Commission may be the auditor if he is appointed by
the board with the agreement of the Commission.
(4) But a person may not be appointed as auditor unless he (or, in the case of a
firm, each of its members) is a member of one or more of the followingbodies—
(a) the bodies mentioned in section 3(7)(a) to (e) of the Audit
Commission Act 1998 (c. 18),
(b) any other body of accountants established in the United Kingdom
and for the time being approved by the regulator for the purposes of
this paragraph.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations120
(5) Where an officer of the Audit Commission is appointed as auditor, the
C o m m i s s i o n  i s  t o  c h a r g e  t h e  p u b l i c  b e n e f i t  c o r p o r a t i o n  s u c h  f e e s  f o r  h i sservices as will cover the full cost of providing them.
(6) The corporation is to establish a committee of non-executive directors as an
audit committee to perform such monitoring, reviewing and other functionsas are appropriate.
(7) In this paragraph “the Audit Commission” means the Audit Commission for
Local Authorities and the National Health Service in England and Wales.
Accounts
24 (1) A public benefit corporation is to keep accounts in such form as the regulator
may with the approval of the Treasury direct.
(2) The accounts are to be audited by the corporation’s auditor.
(3) But the Comptroller and Auditor General may examine—
(a) the accounts,
(b) any records relating to them, and
(c) any report of the auditor on them.
(4) If trustees are appointed under section 22, the Comptroller and Auditor
General may also examine—
(a) the accounts kept by the trustees,
(b) any records relating to them, and
(c) any report of an auditor on them.
(5) In auditing the accounts the auditor is to comply with any directions given
by the regulator as to the standards, procedures and techniques to beadopted.
25 (1) A public benefit corporation is to prepare in respect of each financial year
annual accounts in such form as th e regulator may with the approval of the
Treasury direct.
(2) In preparing its annual accounts, th e corporation is to comply with any
directions given by the regulator with the approval of the Treasury as to—
(a) the methods and principles according to which the accounts are to be
prepared,
(b) the information to be given in the accounts.
(3) In determining the form and content of the annual accounts the regulator is
to aim to ensure that the accounts present a true and fair view.
(4) The corporation must—
(a) lay a copy of the annual accounts, and any report of the auditor on
them, before Parliament, and
(b) once it has done so, send copies of those documents to the regulator.
(5) The constitution is to provide for the functions of the corporation under this
paragraph to be delegated to the accounting officer.
(6) In this paragraph and paragraph 27 “financial year” means—
(a) the period beginning with the date on which the corporation is
authorised under section 6 and ending with the next 31st March, and
(b) each successive period of twelve months beginning with 1st April.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 1 — Constitution of public benefit corporations121
Annual reports and forward plans
26 (1) A public benefit corporation is to prepare annual reports and send them to
the regulator.
(2) The reports are to give—
(a) information on any steps taken by the corporation to secure that
(taken as a whole) the actual membership of any public constituencyand (if there is one) of the patients’ constituency is representative ofthose eligible for such membership,
(b) any other information the regulator requires.
(3) It is for the regulator to decide—
(a) the form of the reports,
(b) when the reports are to be sent to it,
(c) the periods to which the reports are to relate.
27 (1) A public benefit corporation is to give information as to its forward planning
in respect of each financial year to the regulator.
(2) The document containing the information is to be prepared by the directors.
(3) In preparing the document the directors must have regard to the views of
the board of governors.
Meeting of board of governors to consider annual accounts and reports
28 The following documents are to be presented to the board of governors of a
public benefit corporation at a general meeting—
(a) the annual accounts,
(b) any report of the auditor on them,
(c) the annual report.
Instruments etc.
29 (1) The constitution is to make provision for the authentication of the fixing of
the corporation’s seal.
(2) A document purporting to be duly executed under the corporation’s seal or
to be signed on its behalf is to be received in evidence and, unless thecontrary is proved, taken to be so executed or signed.
SCHEDULE 2
Section 2
INDEPENDENT  REGULATOR OF  NHS F OUNDATION  TRUSTS
Membership
1 (1) The regulator is to consist of a number of members (but not more than 5)
appointed by the Secretary of State.
(2) One of the members is to be appointed as chairman and another as deputy
chairman.
(3) The deputy chairman need not be appointed before the end of the period of
six months beginning with the establishment of the regulator.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 2 — Independent Regulator of NHS Foundation Trusts122
Tenure of office
2 (1) A person is to hold and vacate office as a member in accordance with the
terms of his appointment.
(2) But—
(a) he may at any time resign his office by giving notice to the Secretary
of State,
(b) the Secretary of State may at any time remove him from office on the
ground of incapacity or misbehaviour.
(3) A person is not to be appointed as a member for a period of more than four
years.
(4) A person who ceases to be a member is eligible for re-appointment.
Remuneration and pensions
3 (1) The regulator is to pay to the chairman—
(a) such remuneration, and
(b) such travelling and other allowances,
as the Secretary of State may determine.
(2) The regulator is to pay to the members (other than the chairman) such
travelling and other allowances as the Secretary of State may determine.
(3) In the case of any such person who holds or has held office as chairman as
the Secretary of State may determine, the regulator is to pay—
(a) such pension, allowance or gratuity to or in respect of him, or
(b) such contributions or payments towards provision for such a
pension, allowance or gratuity,
as the Secretary of State may determine.
Staff
4 The regulator may, after consulting the Minister for the Civil Service as to
numbers and terms and conditions of service, employ such staff as theregulator may determine.
Superannuation
5 (1) Sub-paragraph (2) applies where—
(a) a person is an active or deferred member of a scheme under section
1 of the Superannuation Act 1972 (c. 11), and
(b) he is appointed as chairman.
(2) In such a case the Minister for the Civil Service may determine that the
person’s term of office as chairman is to be treated for the purposes of thescheme as service in the employment by reference to which he is a member(whether or not any benefits are payable by virtue of paragraph 3(3)).
(3) Employment with the regulator is to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act1972 can apply; and accordingly in Schedule 1 to that Act (in which thosekinds of employment are listed), at the end of the list of Other Bodies thereis inserted—
“The Independent Regulator of NHS Foundation Trusts”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 2 — Independent Regulator of NHS Foundation Trusts 123
(4) The regulator must pay to the Minister for the Civil Service, at such times as
the Minister may direct, such sums as he may determine in respect of anyincrease attributable to sub-paragraph (2) or (3) in the sums payable out ofmoney provided by Parliament under the Superannuation Act 1972 (c. 11).
Procedure
6 (1) The regulator may regulate its own procedure and make any arrangements
it considers appropriate for the discharge of its functions.
(2) The validity of any act of the regulator is not affected by any vacancy among
the members or by any defect in the appointment of any member.
Delegation of functions
7 Anything which the regulator is authorised or required to do may be done
by—
(a) the chairman or deputy chairman or any committee,
(b) any member of the staff,
if authorised by the regulator (generally or specifically) for that purpose.
General powers
8 (1) The regulator may do anything which appears to it to be necessary or
desirable for the purposes of or in connection with the exercise of itsfunctions.
(2) That includes in particular—
(a) acquiring and disposing of property,
(b) entering into contracts,
(c) accepting gifts of property,
and co-operating with other public authorities.
Specific powers
9 (1) The regulator may with the consent of the Secretary of State borrow money
temporarily by way of overdraft, but may not otherwise borrow money.
(2) The regulator may conduct, commission or assist the conduct of research.
Finance
10 The Secretary of State may make contributions towards the regulator’s
expenses.
Reports and other information
11 (1) As soon as possible after the end of each financial year, the regulator must
prepare an annual report on how it has exercised its functions during theyear.
(2) The regulator must—
(a) lay a copy of the report before Parliament, and
(b) once it has done so, send a copy of it to the Secretary of State.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 2 — Independent Regulator of NHS Foundation Trusts124
(3) The regulator must in respect of each financial year prepare a report which
provides an overall summary of the accounts of NHS foundation trusts.
(4) The report must be prepared as soon as possible after the regulator has
received the accounts of all NHS foundation trusts for the relevant financialyear.
(5) The regulator must—
(a) lay a copy of the report before Parliament, and
(b) once it has done so, send a copy of it to the Secretary of State.
(6) The regulator must provide the Secretary of State with such other reports
and information relating to the exercise of the regulator’s functions as hemay require.
12 (1) The regulator must keep accounts in such form as the Secretary of State may
direct.
(2) The regulator must prepare in respect of each financial year annual accounts
in such form as the Secretary of State may direct.
(3) The regulator must send copies of the annual accounts to the Secretary of
State and the Comptroller and Auditor General within such period after theend of the financial year to which the accounts relate as the Secretary of Statemay direct.
(4) The Comptroller and Auditor General must examine, certify and report on
the annual accounts and must lay copies of them and of his report beforeParliament.
(5) In paragraph 11 and this paragraph, “financial year” means—
(a) the period beginning with the establishment of the regulator and
ending with the next 31st March, and
(b) each successive period of twelve months beginning with 1st April.
13 The regulator must respond in writing to any recommendation which—
(a) is made by a Committee of either House of Parliament, or a
Committee of both Houses, and
(b) relates to the exercise by the regulator of its functions.
Seal and evidence
14 The application of the regulator’s seal is to be authenticated by the signature
of the chairman or deputy chairman or of any member of the staff who has
been authorised by the regulator (whether generally or specifically) for thatpurpose.
15 A document purporting to be duly executed under the regulator’s seal or to
be signed on its behalf is to be received in evidence and, unless the contraryis proved, taken to be so executed or signed.
General
16 (1) The regulator is not to be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown.
(2) The regulator’s property is not to be regarded as property of, or property
held on behalf of, the Crown.
(3) The regulator must exercise its functions effectively, efficiently and
economically.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 2 — Independent Regulator of NHS Foundation Trusts 125
Amendments
17 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), there is inserted atthe appropriate place—
“The Independent Regulator of NHS Foundation Trusts.”
18 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (disqualifying offices), there is inserted at the appropriate place—
“Chairman or other member of the Independent Regulator of
NHS Foundation Trusts.”
19 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriateplace—
“Chairman or other member of the Independent Regulator of
NHS Foundation Trusts.”
SCHEDULE 3
Section 25
TRANSFER OF STAFF
1 An order under section 25(3) may provide for the transfer of employees of
an NHS foundation trust to a person mentioned in that subsection.
2 The contract of employment of an employee transferred under such an
order—
(a) is not terminated by the transfer,
(b) has effect from the date of transfer as if originally made between the
employee and the transferee.
3 Where an employee is so transferred—
(a) all the rights, powers, duties and liabilities of the trust under or in
connection with the contract of employment are by virtue of thisparagraph transferred to the transferee on the date of transfer, and
(b) anything done before that date by or in relation to the trust in respect
of that contract or the employee is to be treated from that date ashaving been done by or in relation to the transferee.
This paragraph does not prejudice the generality of paragraph 2.
4 But if the employee informs the trust or the proposed transferee that he
objects to the transfer—
(a) paragraphs 2 and 3 do not apply, and
(b) the contract of employment is terminated immediately before the
date of transfer but the employee is not to be treated, for anypurpose, as having been dismissed by the trust.
5 This Schedule does not prejudice any right of an employee to terminate his
contract of employment if (apart from the change of employer) a substantialchange is made to his detriment in his working conditions.
6 In this Schedule, “date of transfer” means the date decided under the order
for the transfer of the employee.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts126
SCHEDULE 4 Section 34
AMENDMENTS RELATING TO  NHS FOUNDATION TRUSTS
The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
1 The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.
2 In section 1 (definitions), in the definition of “voluntary hospital”, after
“NHS trust” there is inserted “, an NHS foundation trust”.
The National Assistance Act 1948 (c. 29)
3 The National Assistance Act 1948 is amended as follows.
4 In section 24 (authority liable for provision of accommodation), in
subsection (6), for “or an NHS trust” there is substituted “, an NHS trust oran NHS foundation trust”.
The Public Records Act 1958 (c. 51)
5 The Public Records Act 1958 is amended as follows.
6 In Schedule 1 (definition of public records), in the Table in Part 1, in the entry
relating to the Department of Health, in the second column, for “andNational Health Service trusts” there is substituted “, National HealthService trusts and NHS foundation trusts”.
The Human Tissue Act 1961 (c. 54)
7 The Human Tissue Act 1961 is amended as follows.
8 In section 1 (removal of parts of bodies for medical purposes), in subsection
(4A)(b), for “or NHS trust” there is substituted “, NHS trust or NHSfoundation trust”.
The Abortion Act 1967 (c. 87)
9 The Abortion Act 1967 is amended as follows.
10 In section 1 (medical termination of pregnancy), in subsection (3), after
“National Health Service trust” there is inserted “or an NHS foundationtrust”.
The Leasehold Reform Act 1967 (c. 88)
11 The Leasehold Reform Act 1967 is amended as follows.
12 In section 28 (retention or assumption of land required for public
purposes)—
(a) in subsection (5), for “and any National Health Service trust” there is
substituted “, any National Health Service trust and any NHSfoundation trust”,
(b) in subsection (6)(c), for “or National Health Service trust” there is
substituted “, National Health Service trust or NHS foundationtrust”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts127
The Health Services and Public Health Act 1968 (c. 46)
13 The Health Services and Public Health Act 1968 is amended as follows.
14 In section 63 (provisions of instruction for officers of hospital authorities etc.
employed, or contemplating employment, in certain activities connectedwith health or welfare), in subsection (5B), the “and” at the end of paragraph(bbb) is omitted and after paragraph (c) there is inserted—
“(d) NHS foundation trusts”.
The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
15 The Employers’ Liability (Compulsory Insurance) Act 1969 is amended as
follows.
16 In section 3 (employers exempted from insurance), in subsection (2)(a), after
“1978,” there is inserted “an NHS foundation trust,”.
The Local Government Act 1972 (c. 70)
17 The Local Government Act 1972 is amended as follows.
18 In section 113 (placing of staff of local authorities at disposal of other local
authorities), in subsection (1A), for “or NHS trust” (in each place) there issubstituted “, NHS trust or NHS foundation trust”.
The House of Commons Disqualification Act 1975 (c. 24)
19 The House of Commons Disqualification Act 1975 is amended as follows.
20 In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the
appropriate place—
“Chairman or other non-executive director of an NHS foundation trust.”
The Race Relations Act 1976 (c. 74)
21 The Race Relations Act 1976 is amended as follows.
22 In Schedule 1A (bodies and other persons subject to general statutory duty),
after paragraph 8 there is inserted—
“8A An NHS foundation trust.”
The National Health Service Act 1977 (c. 49)
23 The 1977 Act is amended as follows.
24 In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after
“NHS contracts” there is inserted “or under agreements or arrangementsmade with NHS foundation trusts”.
25 In section 22 (co-operation between heal th authorities and local authorities),
in subsection (1A), the “or” at the end of paragraph (cc) is omitted and after
paragraph (d) there is inserted—
“(e) an NHS foundation trust”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts128
26 In section 28 (supply of goods and services by local authorities), in
subsection (3)—
(a) for “and NHS trusts” (in both places) there is substituted “, NHS
trusts and NHS foundation trusts”,
(b) for “and the National Health Service and Community Care Act 1990”
there is substituted “, the National Health Service and CommunityCare Act 1990 and Part 1 of the Health and Social Care (CommunityHealth and Standards) Act 2003”.
27 In section 28A (power to make payments towards expenditure on
community services), in subsection (2B), for “or NHS trust” there issubstituted “, NHS trust or NHS foundation trust”.
28 In section 63 (hospital accommodation  on part payment), in subsection (1C),
at the end there is inserted “or an NHS foundation trust”.
29 In section 65 (accommodation and services for private patients), in
subsection (4), at the end there is inserted “or an NHS foundation trust”.
30 In section 81 (charges for more expensive supplies), in paragraph (a), for “or
an NHS trust” there is substituted “, an NHS trust or an NHS foundationtrust”.
31 In section 82 (charges for repairs and replacements in certain cases), in
paragraph (a), for “or an NHS trust” there is substituted “, an NHS trust oran NHS foundation trust”.
32 In section 83A (remission and repaym ent of charges and payment of
travelling expenses), in subsection (1)—
(a) in paragraph (b), for “or an NHS trust” there is substituted “, an NHS
trust or an NHS foundation trust”,
(b) in paragraph (c), after “NHS trust” there is inserted “or an NHS
foundation trust”.
33 In section 84 (inquiries), in subsection (1), at the end there is inserted “or Part
1 of the Health and Social Care (Community Health and Standards) Act
2003”.
34 In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust”
(in each place) there is inserted “NHS foundation trust”.
35 In section 92 (further transfers of trust property)—
(a) in subsection (1A), after “NHS trust” (in both places) there is inserted
“NHS foundation trust”,
(b) in subsection (7), before “a Primar y Care Trust” there is inserted “an
NHS foundation trust and”.
36 In section 96 (trusts: supplementary provisions), any reference to sections 90
to 95 of the 1977 Act includes section 22(1) to (3) of this Act.
37 In section 96A (powers of health bodies to raise money by appeals etc.), after
subsection (11) there is inserted—
“(12) This section has effect in relation to an NHS foundation trust as it has
effect in relation to an NHS trust, but as if the reference in subsection(5A) to section 11(1) of the National Health Service and CommunityCare Act 1990 included a reference to section 22 of the Health andSocial Care (Community Health and Standards) Act 2003.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts129
38 In section 103 (special arrangement as to payment of remuneration), in
subsection (3)(a), after “NHS trust” there is inserted “or an NHS foundationtrust”.
39 In section 105 (payments for certain medical examinations), in subsection
(2)(b), after “NHS trust,” there is inserted “NHS foundation trust,”.
40 In section 122 (recovery of charges), in subsection (1), after “1990” there is
inserted “or Part 1 of the Health and Social Care (Community Health andStandards) Act 2003”.
41 In section 125 (protection of members and officers of authorities)—
(a) after paragraph (c) there is inserted—
“(d) an NHS foundation trust,”,
(b) for the words following “this Act” there is substituted “, the National
Health Service and Community Care Act 1990 and Part 1 of theHealth and Social Care (Community Health and Standards) Act2003”.
42 In section 128 (interpretation and construction), in subsection (1), in the
definition of “health service hospi tal”, for “or an NHS trust” there is
substituted “, an NHS trust or an NHS foundation trust”.
43 In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust”
there is inserted “, an NHS foundation trust”.
44 In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),
after “NHS trust” there is inserted “, an NHS foundation trust”.
45 In Schedule 12A (expenditure of Health Authorities and Primary Care
Trusts), in paragraph 7(3), after “NHS trust” there is inserted “or an NHSfoundation trust”.
The Acquisition of Land Act 1981 (c. 67)
46 (1) An NHS foundation trust may be authorised to purchase land compulsorily
for the purposes of its functions by means of an order—
(a) made by the trust, and
(b) confirmed by the Secretary of State.
(2) The Acquisition of Land Act 1981 is to apply to the compulsory purchase of
land under this paragraph.
(3) But no order is to be made by an NHS foundation trust under Part 2 of that
Act with respect to any land unless the proposal to acquire it compulsorily—
(a) is submitted to the Secretary of State in such form, and together with
such information, as he may require, and
(b) is approved by him.
47 The Acquisition of Land Act 1981 is amended as follows.48 In section 16 (statutory undertakers’ land excluded from compulsory
purchase), in subsection (3), after paragraph (b) there is inserted—
“(ba)  an NHS foundation trust;”.
49 In section 17 (local authority an d statutory undertakers’ land), in subsection
(4), in the definition of “statutory undertakers”, after paragraph (aa) there isHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts130
inserted—
“(aab) an NHS foundation trust,”.
The Mental Health Act 1983 (c. 20)
50 The Mental Health Act 1983 is amended as follows.
51 In section 12 (general provision s as to medical recommendation), in
subsection (3), at the end there is inserted “or otherwise to bea c c o m m o d a t e d ,  b y  v i r t u e  o f  a n  u n d e r t a k i n g  t o  p a y  i n  r e s p e c t  o f  t h eaccommodation, in a hospital vested in an NHS foundation trust”.
52 In section 19 (regulations as to transfer of patients), in subsection (3), after
“National Health Service trust” (in both places) there is inserted “, NHSfoundation trust”.
53 In section 23 (discharge of patients)—
(a) in subsection (3), after “National Health Service trust,” (in both
places) there is inserted “NHS foundation trust,”,
(b) in subsection (4), after “trust” (in the first place it occurs) there is
inserted “(other than an NHS foundation trust)”,
(c) after subsection (5), there is inserted—
“(6) The powers conferred by this section on any NHS foundation
trust may be exercised by any three or more non-executivedirectors of the board of the trust authorised by the board inthat behalf.”
54 In section 24 (visiting and examin ation by patients), in subsection (3), for “or
National Health Service trust” (in both places) there is substituted “,National Health Service trust or NHS foundation trust”.
55 In section 32 (regulations for purposes of Part 2), in subsection (3), for “or
National Health Service trusts” there is substituted “, National HealthService trusts or NHS foundation trusts”.
56 In section 139 (protection for acts done in pursuance of this Act), in
subsection (4), at the end there is inserted “or NHS foundation trust”.
57 In section 145 (interpretation), in subsection (1), after paragraph (bb) of the
definition of “the mana gers” there is inserted—
“(bc) in relation to a hospital vested in an NHS foundation trust,
the trust;”.
The National Audit Act 1983 (c. 44)
58 The National Audit Act 1983 is amended as follows.
59 In section 6 (public departments etc.), in subsection (3)(b), at the end there is
inserted “and any NHS foundation trust”.
The Public Health (Control of Disease) Act 1984 (c. 22)
60 The Public Health (Control of Disease) Act 1984 is amended as follows.
61 In section 13 (regulations for cont rol of certain diseases), in subsection (4)(a),
for “or National Health Service trusts” there is substituted “, National HealthService trusts or NHS foundation trusts”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts131
62 In section 37 (removal to hospital of person with notifiable disease), in
subsection (1)(c), after “NHS trust,” there is inserted “NHS foundationtrust,”.
63 In section 41 (removal to hospital of inmate of common lodging-house with
notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted“NHS foundation trust,”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
64 The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.
65 In section 2 (rights of authorised representatives of disabled persons), in
subsection (5)(a), after “1990” there is inserted “or by an NHS foundationtrust”.
66 In section 7 (persons discharged from hospital), in subsection (9), in the
definition of “the managers”—
(a) in paragraph (a)(i), after “National Health Service trust” there is
inserted “, an NHS foundation trust”,
(b) in paragraph (cc), after “that trust;” there is inserted—
“(cd) in relation to a hospital vested in an NHS foundation
trust, means the board of directors of that trust;”.
The Company Directors Disqualification Act 1986 (c. 46)
67 The Company Directors Disqualification Act 1986 is amended as follows.
68 After section 22B there is inserted—
“22C Application of Act to NHS foundation trusts
(1) This Act applies to NHS foundation trusts as it applies to companies
within the meaning of this Act.
(2) References in this Act to a company, or to a director or officer of a
company, include, respectively, references to an NHS foundationtrust or to a director or officer of the trust; but references to shadowdirectors are omitted.
(3) In the application of Schedule 1 to the directors of an NHS
foundation trust, references to the provisions of the Insolvency Actor the Companies Act include references to the correspondingp r o v i s i o n s  o f  P a r t  1  o f  t h e  H e a l t h  a n d  S o c i a l  C a r e  ( C o m m u n i t yHealth and Standards) Act 2003.”
The AIDS (Control) Act 1987 (c. 33)
69 The AIDS (Control) Act 1987 is amended as follows.
70 In section 1 (periodical reports on matters relating to AIDS and HIV)—
(a) in subsection (1)(b)(iv), after “NHS trust” there is inserted—
“(iva) each NHS foundation trust;”,
(b) in subsection (2)(b), after “NHS Trust” there is inserted “, NHS
foundation trust”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts132
The Copyright, Designs and Patents Act 1988 (c. 48)
71 The Copyright, Designs and Patents Act 1988 is amended as follows.
72 In section 48 (material communicated to the Crown in the course of public
business), in subsection (6), after “1978” there is inserted “and an NHSfoundation trust”.
The Road Traffic Act 1988 (c. 52)
73 The Road Traffic Act 1988 is amended as follows.
74 In section 144 (exceptions from requirement of third-party insurance), in
subsection (2), after paragraph (db) there is inserted—
“(dc) to an ambulance owned by an NHS foundation trust, at a
time when the vehicle is being driven under the owner’scontrol,”.
The Children Act 1989 (c. 41)
75 The Children Act 1989 is amended as follows.
76 In section 24 (persons qualifying for advice and assistance), in subsection
(2)(d)(ii), after “trust” there is inserted “or an NHS foundation trust”.
77 In section 24C (information), in subsection (2)(c), after “trust” there is
inserted “or an NHS foundation trust”.
78 In section 27 (co-operation between au thorities), in subsection (3)(d), for “or
National Health Service trust” there is substituted “, National Health Servicetrust or NHS foundation trust”.
79 In section 47 (local authority’s duty  to investigate), in subsection (11)(d), for
“or National Health Service trust” there is substituted “, National HealthService trust or NHS foundation trust”.
80 In section 80 (inspection of children’s homes etc. by persons authorised by
Secretary of State)—
(a) in subsection (1)(d), for “or National Health Service trust” there is
substituted “, National Health Service trust or NHS foundationtrust”,
(b) in subsection (5)(e), after “National Health Service trust” there is
inserted “, NHS foundation trust”.
81 In section 85 (children acco mmodated by health authorities and local
education authorities), in subsection (1), after “National Health Servicetrust” there is inserted “, NHS foundation trust”.
82 In Schedule 2 (local authority support for children and families), in
paragraph 1A(3), after paragraph (b) there is inserted—
“(ba) every NHS foundation trust which manages a hospital
(within the meaning of the Health and Social Care
(Community Health and Standards) Act 2003) in the
authority’s area;”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts133
The National Health Service and Community Care Act 1990 (c. 19)
83 The 1990 Act is amended as follows.
84 In section 21 (schemes for meeting losses and liabilities etc. of certain health
service bodies)—
(a) in subsection (2), after “NHS trusts;” there is inserted—
“(ba) NHS foundation trusts;”,
(b) in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted
“, NHS trust or NHS foundation trust”,
(c) in subsection (4), at the end there is inserted—
“but the Secretary of State may not make a direction under
paragraph (a) above in relation to an NHS foundation trust”,
(d) in subsection (5), for “or NHS trust” there is substituted “, NHS trust
or NHS foundation trust”.
85 In Schedule 2 (NHS trusts)—
(a) in the case of patients being provided with goods and services for the
purposes of the health service, paragraph 14 is to have effect inrelation to accommodation and further services made available tothem by an NHS foundation trust as it does in relation toaccommodation and services made available by NHS trusts,
(b) in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is
inserted—
“(bbd) an NHS foundation trust, or”,
(c) in paragraph 32, at the end there is inserted “or section 28 of the
Health and Social Care (Community Health and Standards) Act2003”.
The Town and Country Planning Act 1990 (c. 8)
86 Sections 238 to 240 of the Town and Country Planning Act 1990 (use and
development of consecrated land and burial grounds) apply to consecratedland and land comprised in a burial ground which an NHS foundation trustholds for any of its purposes as if—
(a) the trust were a statutory undertaker, and
(b) that land had been the subject of a relevant acquisition by the trust.
The Access to Health Records Act 1990 (c. 23)
87 The Access to Health Records Act 1990 is amended as follows.
88 In section 11 (interpretation), in the definition of “health service body”, the
“or” before paragraph (d) is omitted and after that paragraph there isinserted—
“(e) an NHS foundation trust;”.
The Water Industry Act 1991 (c. 56)
89 The Water Industry Act 1991 is amended as follows.
90 In Schedule 4A (premises that ar e not to be disconnected for non-payment
of charges), in paragraph 16, at the end there is inserted “or by an NHSfoundation trust”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts134
The London Local Authorities Act 1991 (c. xiii)
91 The London Local Authorities Act 1991 is amended as follows.
92 In section 4 (interpretation of Part 2), in paragraph (d) of the definition of
“establishment for special treatment”, after “1990” there is inserted “or by anNHS foundation trust”.
The Health Service Commissioners Act 1993 (c. 46)
93 The Health Service Commissioners Act 1993 is amended as follows.
94 In section 2 (the bodies subject to investigation), in subsection (1), after
paragraph (da) there is inserted—
“(db) NHS foundation trusts,”.
The Vehicle Excise and Registration Act 1994 (c. 22)
95 The Vehicle Excise and Registration Act 1994 is amended as follows.
96 In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of
paragraph (b) there is inserted—
“(ba) an NHS foundation trust, or”.
The Value Added Tax Act 1994 (c. 23)
97 The Value Added Tax Act 1994 is amended as follows.
98 In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H),
after paragraph (e) there is inserted—
“(eaa) an NHS foundation trust;”.
The Employment Rights Act 1996 (c. 18)
99 The Employment Rights Act 1996 is amended as follows.
100 In section 50 (right to time off for public duties), in subsection (8), after
paragraph (a) there is inserted—
“(ab) an NHS foundation trust,”.
101 In section 218 (change of employer), in subsection (10), after paragraph (c)
there is inserted—
“(ca) NHS foundation trusts,”.
The Housing Grants, Construction and Regeneration Act 1996 (c. 53)
102 The Housing Grants, Construction and Regeneration Act 1996 is amended
as follows.
103 In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust”
there is substituted “, NHS trust or NHS foundation trust”.
The Education Act 1996 (c. 56)
104 The Education Act 1996 is amended as follows.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts135
105 In section 332 (duty of Health Authority, a Primary Care Trust or National
Health Service trust to notify parent etc.), in subsection (1), for “or a NationalHealth Service trust” there is substituted “, a National Health Service trustor an NHS foundation trust”.
The Data Protection Act 1998 (c. 29)
106 The Data Protection Act 1998 is amended as follows.
107 In section 69 (meaning of “health professional”), in subsection (3), after
paragraph (f) there is inserted—
“(fa) an NHS foundation trust;”.
The Health Act 1999 (c. 8)
108 The Health Act 1999 is amended as follows.
109 In section 31 (arrangements between NHS bodies and local authorities), in
subsection (8), in the definition of “NHS body”, for “or NHS trust” there issubstituted “, NHS trust or NHS foundation trust”.
The Care Standards Act 2000 (c. 14)
110 The Care Standards Act 2000 is amended as follows.
111 In section 42 (power to extend the application of Part 2), in subsection
(2)(b)(ii), after “NHS trusts” there is inserted “, NHS foundation trusts”.
112 In section 121 (general interpretation), in subsection (1), in the definition of
“National Health Service body”, after “National Health Service trust,” thereis inserted “an NHS foundation trust,”.
The Freedom of Information Act 2000 (c. 36)
113 The Freedom of Information Act 2000 is amended as follows.
114 In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is
inserted—
“40A An NHS foundation trust.”
The Health and Social Care Act 2001 (c. 15)
115 The Health and Social Care Act 2001 is amended as follows.
116 In section 7 (functions of overview and scrutiny committees)—
(a) in subsection (3)(b), at the end there is inserted “or to the
Independent Regulator of NHS Foundation Trusts (“theregulator”)”,
(b) in subsection (3)(c), at the end there is inserted “(including provision
as to circumstances in which the relevant authority or the regulatormay require consultation on those matters in accordance with the
regulations)”,
(c) in subsection (4), for “or NHS trust” there is substituted “, NHS trust
or NHS foundation trust”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 4 — Amendments relating to NHS foundation trusts136
117 In section 28 (pilot schemes: local pharmaceutical services), in subsection (7),
after “NHS trust” there is inserted “, an NHS foundation trust”.
118 In section 33 (NHS contracts), in subsection (1), after “body corporate” there
is inserted “(other than an NHS foundation trust)”.
The Anti-terrorism, Crime and Security Act 2001 (c. 24)
119 The Anti-terrorism, Crime and Security Act 2001 is amended as follows.
120 In Schedule 4 (extension of existing disclosure powers), at the end of Part 1
there is inserted—
“53A Paragraph 8(1) of Schedule 5 to the Health and Social Care
(Community Health and Standards) Act 2003.”
The International Development Act 2002 (c. 1)
121 The International Development Act 2002 is amended as follows.
122 In Schedule 1 (statutory bodies to which section 9 applies), there is inserted
at the appropriate place—
“An NHS foundation trust”.
The National Health Service Reform and Health Care Professions Act 2002 (c. 17)
123 The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.
124 In section 23 (joint working with the prison service), in subsection (5), in the
definition of “NHS bodies”, after “NHS trusts,” there is inserted “NHSfoundation trusts,”.
The Adoption and Children Act 2002 (c. 38)
125 The Adoption and Children Act 2002 is amended as follows.
126 In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS
trust” there is substituted “, NHS trust or NHS foundation trust”.
The Nationality, Immigration and Asylum Act 2002 (c. 41)
127 The Nationality, Immigration and Asylum Act 2002 is amended as follows.
128 In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph
(ii) there is inserted—
“(iia) an NHS foundation trust,”.
The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
129 The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.
130 In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in
subsection (1), in paragraph (a) of the definition of “NHS body”, after“trust;” there is inserted—
“(ab) an NHS foundation trust;”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 5 — Audit of accounts of NHS foundation trusts137
SCHEDULE 5 Section 38
AUDIT OF ACCOUNTS OF  NHS FOUNDATION TRUSTS
General duty
1 In auditing the accounts of any NHS foundation trust an auditor must by
examination of the accounts an d otherwise satisfy himself—
(a) that they are prepared in accordance with directions under
paragraph 25 of Schedule 1,
(b) that they comply with the requirements of all other provisions
contained in, or having effect under, any enactment which areapplicable to the accounts,
(c) that proper practices have been observed in the compilation of the
accounts, and
(d) that the trust has made proper arrangements for securing economy,
efficiency and effectiveness in its use of resources.
Right to documents and information
2 (1) An auditor of an NHS foundation trust has a right of access at all reasonable
times to every document relating to the trust which appears to himnecessary for the purposes of his functions under Part 1.
(2) The auditor may—
(a) require a person holding or accountable for any such document to
give him such information and ex planation as he thinks necessary
for the purposes of his functions under Part 1,
(b) if he thinks it necessary, require the person to attend before him in
person to give the information or explanation or to produce thedocument.
(3) The auditor may also—
(a) require any director or officer of the trust to give him such
information or explanation as he thinks necessary for the purposes ofhis functions under Part 1,
(b) if he thinks it necessary, require the director or officer to attend
before him in person to give the information or explanation.
(4) The trust must provide the auditor with every facility and all information
which he may reasonably require for the purposes of his functions underPart 1.
This sub-paragraph does not affect the generality of sub-paragraphs (1) to
(3).
(5) A person who without reasonable excuse fails to comply with any
requirement of an auditor of an NHS foundation trust under any of sub-paragraphs (1) to (3) is guilty of an offence.
(6) A person guilty of an offence under sub-paragraph (5) is liable on summary
conviction—
(a) to a fine not exceeding level 3 on the standard scale, and
(b) to an additional fine not exceeding £20 for each day on which the
offence continues after conviction for the offence.
(7) Any expenses incurred by an auditor of an NHS foundation trust in
connection with proceedings for an offence under sub-paragraph (6) allegedHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 5 — Audit of accounts of NHS foundation trusts138
to have been committed in relation to the audit of the accounts of the trust,
so far as not recovered from any other source, are recoverable from the trust.
Reports
3 In auditing the accounts of an NHS foundation trust, the auditor must
consider—
(a) whether, in the public interest, he should make a report on any
matter coming to his notice in the course of the audit, in order for itto be considered by the trust or brought to the attention of the public,and
(b) whether the public interest requires any such matter to be made the
subject of an immediate report rather than of a report to be made atthe conclusion of the audit.
4 (1) When an auditor of an NHS foundation trust has concluded his audit of the
trust’s accounts, he must enter on the accounts—
(a) a certificate that he has completed the audit in accordance with Part
1, and
(b) his opinion on the accounts.
(2) But where the auditor makes a report to the board of governors and board
of directors of the trust under paragraph 3 at the conclusion of the audit, hemay instead include the certificate and his opinion in that report.
5 (1) Any report under paragraph 3 must be sent by the auditor to the board of
governors and board of directors of the trust and to the regulator—
(a) at once if it is an immediate report,
(b) otherwise not later than 14 days after conclusion of the audit.
(2) The directors must take the report into consideration as soon as practicable
after receiving it.
Referral to regulator
6 If the auditor of an NHS foundation trust has reason to believe that the trust
or a director or officer of the trust—
(a) is about to make, or has made, a decision which involves or would
involve the incurring of expenditure which is unlawful, or
(b) is about to take, or has taken, a course of action which, if pursued to
its conclusion, would be unlawful and likely to cause a loss ordeficiency,
he must refer the matter at once to the regulator.
Audit of accounts of directors or officers
7 (1) Where a director or officer of an NHS foundation trust receives money or
other property—
(a) on behalf of the trust, or
(b) for which he ought to account to the trust,
the accounts of the director or officer are to be audited by the auditor of the
accounts of the trust.
(2) The accounts of the director or officer are to be made up to 31st March.
(3) Paragraph 25(5) of Schedule 1 and paragraphs 1 to 5 of this Schedule apply
with the necessary modifications to the audit under this paragraph.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 5 — Audit of accounts of NHS foundation trusts139
Restriction on disclosure of information
8 (1) No information relating to an NHS foundation trust or other person and
obtained by an auditor (or by a person acting on the auditor’s behalf) underPart 1 or in the course of an audit under that Part is to be disclosed except—
(a) with the consent of the person to whom the information relates,
(b) for the purposes of any functions of an auditor of an NHS foundation
trust,
(c) for the purposes of the functions of the regulator,
(d) for the purposes of the functions of the Comptroller and Auditor
General under Part 1,
(e) for the purposes of the functions of the Commission for Healthcare
Audit and Inspection under Part 2,
(f) for the purposes of any criminal proceedings.
(2) A person who discloses information in  contravention of sub-paragraph (1)
is guilty of an offence.
(3) A person guilty of an offence under sub-paragraph (2) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
six months or to a fine not exceeding the statutory maximum (or toboth),
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine (or to both).
SCHEDULE 6
Section 41(2)
CHAI: SUPPLEMENTARY
Status
1 (1) The CHAI is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.
(2) The CHAI’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
General powers and duties
2 (1) The CHAI may do anything which appears to it to be necessary or expedient
for the purpose of, or in connection with, the exercise of its functions.
(2) That includes, in particular—
(a) co-operating with other public  authorities in the United Kingdom,
(b) acquiring and disposing of land and other property,
(c) entering into contracts, and
(d) providing training.
(3) It is the duty of the CHAI to carry out its functions effectively, efficiently and
economically.
Chairman and other members
3 (1) The CHAI is to consist of—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 6 — CHAI: supplementary140
(a) a person appointed as chairman by the relevant Special Health
Authority,
(b) a member appointed by the relevant Special Health Authority who
appears to that Authority to be suited to make the interests of Waleshis special care, and
(c) other members appointed by the relevant Special Health Authority.
(2) In paragraphs (a) and (c) of sub-paragraph (1), “relevant Special Health
Authority” means the Special Health Authority which is directed by theSecretary of State to exercise the function of appointment under thatparagraph.
(3) In paragraph (b) of su b-paragraph (1), “relevant Special Health Authority”
means the Special Health Authority which is directed by the Assembly toexercise the function of appointment under that paragraph. 
(4) The Secretary of State may in the prescribed manner remove from office any
person appointed under sub-paragraph (1)( a) or (c) if (and only if) he is
satisfied that one of the conditions specified in sub-paragraph (6) is satisfiedin relation to that person.
(5) The Assembly may in the prescribed manner remove from office the person
appointed under sub-paragraph (1)(b) if (and only if) the Assembly issatisfied that one of the conditions specified in sub-paragraph (6) is satisfiedin relation to that person. 
(6) The conditions referred to in sub-paragraphs (4) and (5) in relation to a
person are that—
(a) he is unable or unfit to carry out the duties of his office;
(b) he is failing to carry out the duties of his office;
(c) he is disqualified from holding office (or was disqualified at the time
of his appointment).
(7) The Secretary of State may by regulations make provision as to—
(a) the appointment of the chairman and other members (including the
number, or limits on the number, of members who may be appointedand any conditions to be fu lfilled for appointment), and
(b) subject to this paragraph, the tenure of office of the chairman and
other members (including the circumstances in which they cease tohold office, are disqualified from holding office or may be suspendedfrom office). 
(8) Regulations under sub-paragraph (7)(b) relating to the suspension of a
person from office may only provide for suspension where it appears to theSecretary of State (or, in the case of a person appointed under sub-paragraph(1)(b), the Assembly) that one of the conditions referred to in sub-paragraph(6) is or may be satisfied in relation to that person.
(9) The Secretary of State may direct the Special Health Authority referred to in
sub-paragraph (2) to exercise so much of any function of his under sub-paragraph (4) or under regulations under sub-paragraph (7) as may bespecified in the direction.
(10) The Assembly may direct the Special Health Authority referred to in sub-
paragraph (3) to exercise so mu ch of any function of the Assembly under
sub-paragraph (5) or under regulations under sub-paragraph (7) as may be
specified in the direction.
(11) The Special Health Authority referred to in sub-paragraph (2) must consult
the Assembly before exercising the function of appointment under sub-Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 6 — CHAI: supplementary141
paragraph (1)(a) or (c); and the Special Health Authority referred to in sub-
paragraph (3) must consult the Secretary of State before exercising thefunction of appointment under sub-paragraph (1)(b).
(12) The Secretary of State must consult the Assembly before exercising any of
his functions under sub-paragraph (4) or (7).
(13) The Assembly must consult the Secretary of State before exercising any of its
functions under sub-paragraph (5) or (7).
(14) Where directions are given under this paragraph to a Special Health
Authority, the 1977 Act has effect as if—
(a) the directions were directions under section 16D of that Act for the
exercise of functions relating to the health service and, accordingly,
(b) the functions were exercisable by the Special Health Authority under
that section.
(15) Subsections (4) and (5) of section 187  apply in relation to directions under
this paragraph as they apply in relation to directions under subsection (2) ofthat section.
Remuneration of chairman and other members
4 (1) The CHAI may pay to its chairman, or to any other member, such
remuneration and allowances as the Secretary of State may determine.
(2) If the Secretary of State so determines, the CHAI must pay or make
provision for the payment of such pension, allowance or gratuities as theSecretary of State may determine to or in respect of a person who is or hasbeen the chairman or other member of the CHAI.
(3) If the Secretary of State determines that there are special circumstances that
make it right for a person ceasing to hold office as chairman of the CHAI toreceive compensation, the CHAI must pay to him, or make provision for thepayment to him of, such compensation as the Secretary of State maydetermine.
(4) The Secretary of State must consult the Assembly before exercising any of
his functions under this paragraph.
Employees 
5 (1) The CHAI must appoint a chief executive (to be known as the “Chief
Inspector of Healthcare”), who is to be an employee of the CHAI.
(2) The CHAI may appoint such other employees as it considers appropriate.
(3) Employees of the CHAI are to be appointed on such terms and conditions as
it may determine.
(4) Without prejudice to its other powers, the CHAI may pay, or make
provision for the payment of—
(a) pensions, allowances or gratuities, or
(b) compensation for loss of employment or reduction of remuneration,
to or in respect of its employees.
Procedure
6( 1 ) T h e  C H A I  m a y —Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 6 — CHAI: supplementary142
(a) appoint such committees and sub-committees (which may consist of
or include persons who are not members of the CHAI) as it thinks fit;
(b) pay such remuneration and allowances to members of its committees
and sub-committee as it thinks fit.
(2) The CHAI may in all other respects regulate its own procedure.(3) The validity of the proceedings of the CHAI is not affected by any defect in
the appointment of a member or  any vacancy in membership. 
Discharge of functions
7( 1 ) T h e  C H A I  m a y  a r r a n g e  f o r —
(a) any of its committees, sub-committees, members or employees, or
(b) any other person,
to exercise any of its functions on its behalf.
(2) If the CHAI arranges for the discharge of any function as mentioned in sub-
paragraph (1)(b), the arrangements may include provision with respect tothe payment of remuneration and allowances to, or amounts in respect of,such persons.
Assistance
8 (1) The CHAI may arrange for such persons as it thinks fit to assist it in the
discharge of any of its functions in relation to a particular case or class ofcase.
(2) Such arrangements may include provision with respect to the payment of
remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans
9 (1) The Secretary of State may make payments out of money provided by
Parliament to the CHAI of such amounts, at such times and on such
conditions (if any) as he considers appropriate.
(2) The Assembly may make payments to the CHAI of such amounts, at such
times and on such conditions (if any) as it considers appropriate.
(3) The Secretary of State may, with the approval of the Treasury, make loans
out of money provided by Parliament to the CHAI on such terms (includingterms as to repayment and interest) as he may determine.
(4) The Assembly may make loans to the CHAI on such terms (including terms
as to repayment and interest) as it may determine.
(5) Except as provided by this paragraph, the CHAI has no power to borrow
money.
Accounts
10 (1) The CHAI must keep its accounts in such form as the Secretary of State may
determine.
(2) The CHAI must prepare annual accounts in respect of each financial year in
such form as the Secretary of State may determine.
(3) The CHAI must send copies of the annual accounts to the Secretary of State
and the Comptroller and Auditor General within such period after the endHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 6 — CHAI: supplementary143
of the financial year to which the accounts relate as the Secretary of State
may determine.
(4) The Comptroller and Auditor General must examine, certify and report on
the annual accounts and must lay copies of the accounts and of his report
before Parliament.
Seal and evidence
11 The application of the seal of the CHAI must be authenticated by the
signature—
(a) of any member of the CHAI, or
(b) of any other person who has been authorised by the CHAI (whether
generally or specifically) for that purpose.
12 A document purporting to be duly executed under the seal of the CHAI or
to be signed on its behalf is to be received in evidence and, unless thecontrary is proved, taken to be so signed or executed.
SCHEDULE 7
Section 42(2)
CSCI: SUPPLEMENTARY
Status
1 (1) The CSCI’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
(2) The CSCI is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.
General powers and duties
2 (1) The CSCI may do anything which appears to it to be necessary or expedient
for the purpose of, or in connection with, the exercise of its functions.
(2) That includes, in particular—
(a) co-operating with other public  authorities in the United Kingdom,
(b) acquiring and disposing of land and other property, 
(c) entering into contracts, and
(d) providing training.
(3) It is the duty of the CSCI to carry out its functions effectively, efficiently and
economically.
Chairman and other members
3 (1) The CSCI is to consist of a chairm an and other members appointed by the
relevant Special Health Authority.
(2) In sub-paragraph (1), “relevant Special Health Authority” means the Special
Health Authority which is directed by the Secretary of State to exercise thefunction of appointment under that sub-paragraph. Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 7 — CSCI: supplementary144
(3) The Secretary of State may in the prescribed manner remove the chairman
or any other member from office if (and only if) the Secretary of State issatisfied that that person—
(a) is unable or unfit to carry out the duties of his office,
(b) is failing to carry out the duties of his office, or
(c) is disqualified from holding office (or was disqualified at the time of
his appointment).
(4) The Secretary of State may by regulations make provision as to—
(a) the appointment of the chairman and other members (including the
number, or limits on the number, of members who may be appointedand any conditions to be fu lfilled for appointment), and
(b) subject to this paragraph, the tenure of office of the chairman and
other members (including the circumstances in which they cease tohold office, are disqualified from holding office or may be suspendedfrom office). 
(5) Regulations under sub-paragraph (4)(b) relating to the suspension of a
person from office may only provide for suspension where it appears to theSecretary of State that one of the conditions referred to in sub-paragraph (3)is or may be satisfied in relation to that person.
(6) The Secretary of State may direct the Special Health Authority referred to in
sub-paragraph (2) to exercise so much of any function of his under sub-paragraph (3) or under regulations under sub-paragraph (4) as may bespecified in the direction.
(7) Where directions are given under  this paragraph to a Special Health
Authority, the 1977 Act has effect as if—
(a) the directions were directions under section 16D of that Act for the
exercise of functions relating to the health service, and, accordingly,
(b) the functions were exercisable by the Special Health Authority under
that section.
(8) Subsections (4) and (5) of section 187  apply in relation to directions under
this paragraph as they apply in relation to directions under subsection (2) ofthat section.
Remuneration of chairman and other members
4 (1) The CSCI may pay to its chairman, or to any other member, such
remuneration and allowances as the Secretary of State may determine.
(2) If the Secretary of State so determines, the CSCI must pay or make provision
for the payment of such pension, allowance or gratuities as the Secretary ofState may determine to or in respect of a person who is or has been thechairman or other member of the CSCI.
(3) If the Secretary of State determines that there are special circumstances that
make it right for a person ceasing to hold office as chairman of the CSCI toreceive compensation, the CSCI must pay to him, or make provision for thepayment to him of, such compensation as the Secretary of State maydetermine.
Employees 
5 (1) The CSCI must appoint a chief executive (to be known as the “Chief
Inspector of Social Care”), who is to be an employee of the CSCI.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 7 — CSCI: supplementary145
(2) The CSCI must also appoint a Children’s Rights Director who is to be an
employee of the CSCI and is to have such functions as may be prescribed.
(3) The CSCI may appoint such other employees as it considers appropriate.
(4) Employees of the CSCI are to be appointed on such terms an d conditions as
it may determine.
(5) Without prejudice to its other powers, the CSCI may pay, or make provision
for the payment of—
(a) pensions, allowances or gratuities, or
(b) compensation for loss of employment or reduction of remuneration,
to or in respect of its employees.
Procedure
6 (1) The CSCI may—
(a) appoint such committees and sub-committees (which may consist of
or include persons who are not members of the CSCI) as it thinks fit;
(b) pay such remuneration and allowances to members of its committees
and sub-committee as it thinks fit.
(2) The CSCI may in all other respects regulate its own procedure.
(3) The validity of the proceedings of the CSCI is not affected by any defect in
the appointment of a member or  any vacancy in membership. 
Discharge of functions
7 (1) The CSCI may arrange for—
(a) any of its committees, sub-committees, members or employees, or
(b) any other person,
to exercise any of its functions on its behalf.
(2) If the CSCI arranges for the discharge of any function as mentioned in sub-
paragraph (1)(b), the arrangements may include provision with respect tothe payment of remuneration and allowances to, or amounts in respect of,such persons.
Assistance
8 (1) The CSCI may arrange for such persons as it thinks fit to assist it in the
discharge of any of its functions in relation to a particular case or class ofcase.
(2) Such arrangements may include provision with respect to the payment of
remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans
9 (1) The Secretary of State may make payments out of money provided by
Parliament to the CSCI of such amounts, at such times and on suchconditions (if any) as he considers appropriate.
(2) The Secretary of State may, with the approval of the Treasury, make loans
out of money provided by Parliament to the CSCI on such terms (includingterms as to repayment and interest) as he may determine.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 7 — CSCI: supplementary146
(3) Except as provided by sub-paragraph (2), the CSCI has no power to borrow
money.
Accounts
10 (1) The CSCI must keep its accounts in such form as the Secretary of State may
determine.
(2) The CSCI must prepare annual accounts in respect of each financial year in
such form as the Secretary of State may determine.
(3) The CSCI must send copies of the annual accounts to the Secretary of State
and the Comptroller and Auditor General within such period after the endof the financial year to which the accounts relate as the Secretary of Statemay determine.
(4) The Comptroller and Auditor General must examine, certify and report on
the annual accounts and must lay copies of the accounts and of his report
before Parliament.
Seal and evidence
11 The application of the seal of the CSCI must be authenticated by the
signature—
(a) of any member of the CSCI, or
(b) of any other person who has been authorised by the CSCI (whether
generally or specifically) for that purpose.
12 A document purporting to be duly executed under the seal of the CSCI or to
be signed on its behalf is to be received in evidence and, unless the contraryis proved, taken to be so signed or executed.
SCHEDULE 8
Section 43
CHAI AND  CSCI: TRANSFERS OF PROPERTY AND STAFF ,ETC
Transfer schemes
1 (1) The Secretary of State may make one or more schemes for—
(a) the transfer of property, rights and liabilities of the National Care
Standards Commission to the CHAI or the CSCI;
(b) the transfer of property, rights and liabilities of the Audit
Commission to the CHAI or the CSCI;
(c) the transfer of property, rights and liabilities of the Commission for
Health Improvement to the CHAI;
(d) the transfer of property, rights and liabilities of the Crown to the
CHAI or the CSCI. 
(2) The property, rights and liabilities which may be the subject of a scheme
include—
(a) any that would otherwise be incapable of being transferred or
assigned, and
(b) rights and liabilities under a contract of employment.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 8 — CHAI and CSCI: transfers of property and staff, etc147
(3) A scheme under this paragraph may define the property, rights and
liabilities to be transferred by specifying or describing them (includingdescribing them by reference to a specified part of the transferor’sundertaking).
(4) A scheme under this paragraph may contain provision for the payment of
compensation by the Secretary of State to any person or body (other than onementioned in sub-paragraph (1)) whose interests are adversely affected bythe scheme.
(5) A scheme under this paragraph may include supplementary, incidental,
transitional and consequential provision.
Transfer 
2 The property, rights and liabilities which are the subject of a scheme under
paragraph 1 are, by virtue of this paragraph, transferred on the dayappointed by the scheme in accordance with the provisions of the scheme.
Employment
3 The transfer by paragraph 2 of th e rights and liabilities relating to an
individual’s contract of employment does not break the continuity of hisemployment, and, accordingly—
(a) he is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (c. 18) as having been dismissed byvirtue of the transfer, and
(b) his period of employment with the transferor counts as a period of
employment with the transferee for the purposes of that Act.
4 (1) Paragraph 2 does not operate to transfer the rights and liabilities under an
individual’s contract of employment if, before the transfer takes effect, heinforms the transferor or transferee that he objects to the transfer. 
(2) Where an individual does inform the transferor or transferee as specified in
sub-paragraph (1), his contract of employment with the transferor is
terminated immediately before the date on which the transfer would occur;but he shall not, for any purpose, be regarded as having been dismissed bythe transferor.
(3) This paragraph is without prejudice to any right of an individual employed
by a transferor to terminate his contract of employment if (apart from thechange of employer) a substantial change is made to his detriment in hisworking conditions.
5 For the purposes of this Schedule, where a person holds any office or
employment under the Crown on terms which do not constitute a contractof employment between that person and the Crown—
(a) he shall be regarded as employed by the Crown by virtue of a
contract of employment;
(b) the terms of his employment shall be regarded as constituting the
terms of that contract; and
(c) in relation to such a person, the reference in paragraph 4(2) to
dismissal by the transferor is to termination of his employment bythe Crown.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 8 — CHAI and CSCI: transfers of property and staff, etc148
Transitional
6 (1) Anything done by or in relation to the transferor for the purposes of or in
connection with anything transferred by paragraph 2 which is in effectimmediately before it is transferred shall be treated as if done by or inrelation to the transferee.
(2) There may be continued by or in relation to the transferee anything
(including legal proceedings) relating to anything so transferred which is inthe process of being done by or in relation to the transferor immediatelybefore it is transferred.
(3) A reference to the transferor in any document relating to anything so
transferred shall be taken (so far as necessary for the purposes of or inconsequence of the transfer) as a reference to the transferee.
(4) A transfer under paragraph 2 does not affect the validity of anything done
by or in relation to the transferor before the transfer takes effect.
SCHEDULE 9
Section 147
PART 2: MINOR AND CONSEQUENTIAL AMENDMENTS
Public Records Act 1958 (c. 52)
1 In Schedule 1 to the Public Records Act 1958 (definition of public records),
at the appropriate places in Part 2 of the Table at the end of paragraph 3insert the following entries—
“Commission for Healthcare Audit and Inspection”;“Commission for Social Care Inspection”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), after paragraph (bf) of paragraph 1insert—
“(bg) the Commission for Healthcare Audit and Inspection;
(bh)  the Commission for Social Care Inspection;”.
Parliamentary Commissioner Act 1967 (c. 13)
3 In the Parliamentary Commissioner  Act 1967, in Schedule 2 (departments
subject to investigation), at the appropriate places insert the followingentries—
“Commission for Healthcare Audit and Inspection.”;
“Commission for Social Care Inspection.”
Local Authority Social Services Act 1970 (c. 42)
4 In the Local Authority Social Services Act 1970, in Schedule 1, insert at theHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments149
end—
Superannuation Act 1972 (c. 11)
5 In Schedule 1 to the Superannuation Act 1972 (kinds of employment in
relation to which pension schemes may be made), at the appropriate placesin the list of “Other Bodies” insert the following entries—
“The Commission for Healthcare Audit and Inspection.”;
“The Commission for Social Care Inspection.”.
6 The CHAI and the CSCI must each pay to the Minister for the Civil Service,
at such times as the Minister may direct, such sums as he may determine inrespect of any increase attributable to paragraph 5 in the sums payable outof money provided by Parliament under the Superannuation Act 1972.
House of Commons Disqualification Act 1975 (c. 24)
7 In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1
(bodies of which all members are disqualified), at the appropriate placesinsert the following entries—
“Commission for Healthcare Audit and Inspection.”;
“Commission for Social Care Inspection.”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
8 In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of
Schedule 1 (bodies of which all members are disqualified), at the appropriateplaces insert the following entries—
“Commission for Healthcare Audit and Inspection.”;“Commission for Social Care Inspection.”.
National Health Service Act 1977 (c. 49)
9 In section 19A(2) of the 1977 Act, after paragraph (a) insert—
“(aa) a complaint under section 113(1) or (2) of the Health and
Social Care (Community Health and Standards) Act 2003,”.
Children Act 1989 (c. 41)
10 (1) The Children Act 1989 has effect subject to the following amendments.
(2) In section 65(6)(a), for “the National Care Standards Commission” substitute
“the Commission for Social Care Inspection”.
(3) In section 87(10)— “Health and Social Care
(Community Health andStandards) Act 2003
Section 114 Consideration of complaints.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments150
(a) in the definition of “appropriate author ity”, in paragraph (a), for “the
National Care Standards Commission” substitute “the Commissionfor Social Care Inspection”, and
(b) in the definition of “the Co mmission”, for “the National Care
Standards Commission” substitute “the Commission for Social Care
Inspection”. 
(4) In paragraph 20 of Schedule 2, at the end of paragraph (a) insert “and the
Commission for Social Care Inspection”.
Health Service Commissioners Act 1993 (c. 46)
11 (1) The Health Service Commissioners Act 1993 has effect subject to the
following amendments.
(2) In section 4(4)(a), after “can be made” insert “under section 113(1) or (2) of
the Health and Social Care (Community Health and Standards) Act 2003 or”.
(3) In section 11, after subsection (1B) insert—
“(1C) Where a Commissioner proposes to conduct an investigation
pursuant to a complaint under section  3(1E), he shall afford to the
person or body whose maladminis tration is complained of an
opportunity to comment on any allegations contained in thecomplaint.” 
(4) In section 12(1A), for “or (1C)” substitute “(1C) or (1E)”. 
(5) In section 14, after subsection (2D) insert—
“(2E) In any case where the Health Service Commissioner for England
conducts an investigation pursuant to a complaint under section3(1E) he shall send a report of the results of the investigation—
(a) to the person who made the complaint;
(b) to any member of the House of Commons who to the
Commissioner’s knowledge assisted in the making of thecomplaint (or if he is no longer a member to such othermember as the Commissioner thinks appropriate);
(c) to the person or body whose maladministration is
complained of;
(d) to any person or body whose action was complained of in the
complaint made to the person or body whosemaladministration is complained of;
(e) to the Secretary of State.
(2F) In any case where the Health Service Commissioner for England
decides not to conduct an investigation pursuant to a complaintunder section 3(1E) he shall send a statement of his reasons—
(a) to the person who made the complaint; or
(b) to any such member of the House of Commons as is
mentioned in subsection (2E)(b).”
(6) In section 14A, at the end insert—
“(4) In any case where the Health Service Commissioner for Wales
conducts an investigation pursuant to a complaint under section3(1E) he shall send a report of the results of the investigation—
(a) to the person who made the complaint;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments151
(b) to any Assembly member who to the Commissioner’s
knowledge assisted in the making of the complaint (or if he isno longer an Assembly member to such other member as theCommissioner thinks appropriate);
(c) to the person or body whose maladministration is
complained of;
(d) to any person or body whose action was complained of in the
complaint made to the person or body whosemaladministration is complained of;
(e) to the Assembly First Secretary.
(5) In any case where the Health Service Commissioner for Wales
decides not to conduct an investigation pursuant to a complaintunder section 3(1E) he shall send a statement of his reasons—
(a) to the person who made the complaint; or
(b) to any such member of the Assembly as is mentioned in
subsection (4)(b).”
(7) In section 14B—
(a) for “14A(1)”, in each place, substitute “14A”, and
(b) in subsection (2), for “or (1C)” substitute “(1C) or (1E)”.
Audit Commission Act 1998 (c. 18)
12 (1) The Audit Commission Act 1998 has effect subject to the following
amendments.
(2) In section 4, in subsection (7)—
(a) in paragraph (a), after “bodies,” insert “the Commission for
Healthcare Audit and Inspection and”;
(b) in paragraph (b), after “bodies,” insert “the Commission for Social
Care Inspection and”; and
(c) in paragraph (c), after “case,” insert “the National Assembly for
Wales and”.
(3) At the end of that section insert—
“(8) The Commission must obtain the agreement of the Commission for
Healthcare Audit and Inspection before preparing or alteringprovisions of a code which—
(a) are applicable to accounts whic h are or incl ude accounts of
health service bodies; and
(b) concern the function under section 5(1)(e).”.
(4) In section 7—
(a) in subsection (2)(a), for “such organisations” substitute “the
Commission for Healthcare Audit and Inspection and such otherorganisations”; and
(b) in subsection (9), after paragraph (a) insert—
“(aa) the Commission for Healthcare Audit and
Inspection;”.
(5) In section 33 (studies for improving ec onomy etc in services), in subsection
(6), at the end insert—
“(d) in the case of a study which has a connection with English
local authority social services (within the meaning of Part 2 ofHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments152
the Health and Social Care (Community Health and
Standards) Act 2003), also consult the Commission for SocialCare Inspection; and
(e) in the case of a study which has a connection with Welsh local
authority social services (within the meaning of that Part ofthat Act), also consult the National Assembly for Wales;”.
(6) In that section, after subsection (6) insert—
“(7) The following provisions of this section do not apply in relation to
the bodies specified in subsection (8)—
(a) subsection (1)(a);
(b) subsection (1)(b), so far as relating to management other than
financial management;
(c) subsection (4).
(8) Those bodies are—
(a) any Primary Care Trust;
(b) any Strategic Health Authority;
(c) any NHS trust (within the meaning of the National Health
Service Act 1977) all or most of whose hospitals,establishments and facilities are situated in England.”
(7) In section 34(6), after paragraph (b) insert—
“(ba) in the case of a study which has a connection with any
English local authority social ser vice (within the meaning of
Part 2 of the Health and Social Care (Community Health andStandards) Act 2003), the Commission for Social CareInspection;
(bb) in the case of a study which has a connection with any Welsh
local authority social service (within the meaning of that Partof that Act), the National Assembly for Wales;”.
(8) In section 35 (studies at request of bodies subject to audit), at the end insert—
“(4) This section does not apply in relation to the bodies specified in
section 33(8).”
(9) For section 37 substitute—
“37 Assistance to CHAI and CSCI
(1) The Audit Commission may provide assistance to the Commission
for Healthcare Audit and Inspection or the Commission for SocialCare Inspection in the discharge of any of their functions underChapter 3 or 5 of Part 2 of the Health and Social Care (CommunityHealth and Standards) Act 2003.
(2) Assistance under subsection (1) may be provided on such terms,
including terms as to payment, as the Audit Commission and theCommission in question may agree.”
(10) In section 49(1)—
(a) after paragraph (b) insert—
“(ba) to the Commission for Social Care Inspection for the
purposes of its functions under Chapter 5 of Part 2 ofthe Health and Social Care (Community Health andStandards) Act 2003;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments153
(bb) to the National Assembly for Wales for the purposes
of its functions under Chapter 4 of that Part of thatAct;”,
(b) in paragraph (c), at the end insert “or for the purposes of the
functions of the Commission for Healthcare Audit and Inspectionunder Chapter 3 of Part 2 of the Health and Social Care (CommunityHealth and Standards) Act 2003”.
Government of Wales Act 1998 (c. 38)
13 In Schedule 5 to the Governmen t of Wales Act 1998, for paragraph 12A
substitute—
“12A. The Commission for Healthcare Audit and Inspection.”
Protection of Children Act 1999 (c. 14)
14 In section 2A of the Protection of Children Act 1999, in subsection (2), for
paragraph (a) substitute—
“(a) the Commission for Social Care Inspection;
(aa) the Commission for Healthcare Audit and Inspection;”.
Local Government Act 1999 (c. 27)
15 In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g)
substitute—
“(e) the Commission for Social Care Inspection;”.
Care Standards Act 2000 (c. 14)
16 The Care Standards Act 2000 has effect subject to the following
amendments.
17 In section 5, in paragraph (a), for “the National Care Standards Commission”
substitute—
“(i) the CHAI, in the case of independent hospitals,
independent clinics and independent medicalagencies;
(ii) the CSCI, in the case of children’s homes, care homes,
residential family centres, domiciliary care agencies,nurses agencies, fostering agencies, voluntaryadoption agencies and adoption support agencies;”.
18 (1) Section 8 is amended as follows.
(2) In subsection (3), for the words from “section 7” to “Commission” substitute
“section 5A or 5B is exercisable by the CHAI or the CSCI”.
(3) At the end insert—
“(6) In this section, “Part II services” means services of the kind provided
by persons registered under Part II, other than the provision of—
(a) medical or psychiatric treatment, or
(b) listed services (as defined in section 2).”
19 In section 10—
(a) subsection (1) is omitted; andHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments154
(b) in subsection (6)(b), for “by the Commission” substitute “by the
CHAI or the CSCI under this Act”.
20 In section 11(4), for “the Commission” substitute “the CHAI or the CSCI”.
21 In section 23(4)(d), after the second “or” insert “against a voluntary adoption
agency or adoption support agency for an offence under”.
22 In section 29(1)—
(a) for “the Commission”, in the first place, substitute “the CHAI or the
CSCI (as appropriate)”, and
(b) for “the Commission”, in the second place, substitute “either the
CHAI or the CSCI”.
23 In section 31— 
(a) in subsection (6), for “powers” substitute “power”; and
(b) in subsection (7), for “the Commission” substitute “the CHAI or the
CSCI”.
24 In section 36A for “the Commission”, in all places, substitute “the CSCI”.
25 In section 42, at the end insert—
“(5) Regulations under subsection (1) made by the Secretary of State may
in particular specify whether, for the purposes of the application ofthis Part to any person, the registration authority is to be the CHAIor the CSCI.”
26 In section 45(4)—
(a) omit “Subject to section 47(6)”;
(b) for “the Commission” substitute “the CSCI”; and
(c) at the end insert “; and an inspection under this section shall be
regarded for all purposes as undertaken under section 80 of theHealth and Social Care (Community Health and Standards) Act2003”.
27 In section 51(1), for the words from “in relation to” to “registration
authority” substitute “in England in relation to which powers conferred bysection 80 of the Health and Social Care (Community Health and Standards)Act 2003 may be exercised to pay to the CSCI”.
28 In section 55(3)(e)—
(a) for “the Commission” substitute “the CSCI”;
(b) for “section 31 or 46 of this Act” substitute “section 31 of this Act or
section 88 or 98 of the Health and Social Care (Community Healthand Standards) Act 2003”.
29 In section 113, after subsection (1) insert—
“(1A) The powers conferred by this section are exercisable by the Secretary
of State if he is satisfied that—
(a) the CHAI or the CSCI has without reasonable excuse failed to
discharge, or properly to discharge, any of its functions
under this Act, or
(b) in discharging any of its functions under this Act the CHAI
or the CSCI has without reasonable excuse failed to complyHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 9 — Part 2: minor and consequential amendments155
with any directions given by him in relation to those
functions.”
30 In section 121, in the Table in subs ection (13), insert the following entries at
the appropriate places—
Freedom of Information Act 2000 (c. 36)
31 In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the
appropriate places insert the following entries—
“Commission for Healthcare Audit and Inspection, in respect of
information held for purposes other than those of its functionsexercisable by virtue of paragraph 5(a)(i) of the Care StandardsAct 2000.”;
“Commission for Social Care Inspection, in respect of information held
for purposes other than those of its functions exercisable by virtueof paragraph 5(a)(ii) of the Care Standards Act 2000.”.
Adoption and Children Act 2002 (c. 38)
32 In section 99 of the Adoption and Children Act 2002, for “the National Care
Standards Commission” substitute “the Commission for Social CareInspection”.
SCHEDULE 10
Section 150
RECOVERY OF  NHS CHARGES :EXEMPTED PAYMENTS
1 Any payment made to or for the injured person under—
(a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6) (compensation orders against convicted persons),
(b) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(corresponding provision in relation to Scotland), or
(c) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.
1994/2795 (N.I. 15)) (corresponding provision in relation toNorthern Ireland).
2 Any payment made in the exercise of a discretion out of property held
subject to a trust in a case where no more than 50 per cent by value of thecapital contributed to the trust was directly or indirectly provided bypersons who are, or are alleged to be, liable in respect of—
(a) the injury suffered by the injured person, or
(b) any connected injury suffered by another.“CHAI Section 5A”; and
“CSCI Section 5B”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 10 — Recovery of NHS charges: exempted payments156
3 Any payment made out of property held for the purposes of a prescribed
trust.
4 (1) Any payment made to the injured person by an insurer under the terms of
any contract of insurance entered into between the injured person and theinsurer before the occurrence of the injury in question.
(2) In sub-paragraph (1), “insurer” means—
(a) a person who has permission under Part 4 of the Financial Services
and Markets Act 2000 (c. 8) to effect or carry out contracts ofinsurance, or
(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3
to that Act which has permission under paragraph 15 of thatSchedule (as a result of qualifying for authorisation under paragraph12 of that Schedule) to effect or carry out contracts of insurance.
(3) Sub-paragraph (2) must be read with—
(a) section 22 of the Financial Services and Markets Act 2000,
(b) any relevant order under that section, and
(c) Schedule 2 to that Act.
5 Any payment which apart from this paragraph would be made by—
(a) the responsible body of the health service hospital to whom the
payment would subsequently be passed under section 162,
(b) the relevant ambulance trust to whom the payment would
subsequently be passed under that section.
6 Any payment to the extent that it is made—
(a) in consequence of an action under the Fatal Accidents Act 1976
(c. 30),
(b) in consequence of an action under the Fatal Accidents (Northern
Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or
(c) in circumstances where, had an action been brought, it would have
been brought under that Act or Order.
7 Any payment to the extent that it is made in respect of a liability arising by
virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).
8 Any payment of a prescribed description, either generally or in such
circumstances as may be prescribed.
SCHEDULE 11 
Section 184
PART 4: MINOR AND CONSEQUENTIAL AMENDMENTS
National Health Service (Amendment) Act 1949 (c. 93)
1 (1) The National Health Service (Amendment) Act 1949 (which is spent in
relation to England and Wales) shall cease to have effect.
(2) This paragraph extends to England and Wales only.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments157
Health Services and Public Health Act 1968 (c. 46)
2 The Health Services and Public Health Act 1968 has effect subject to the
following amendments.
3 (1) Section 59 is amended as follows.
(2) In subsection (1)—
(a) after “local pharmaceutical services,” insert “primary medical
services,”;
(b) after “personal medical services,” insert “primary dental services,”.
(3) In subsection (2), after “1977” insert “(in the case of pharmaceutical
services)”.
(4) In subsection (2A), omit “section 28C of the 1977 Act,”.
(5) After subsection (2B) insert—
“(2C) In subsection (1), the references to primary medical services and
primary dental services are references to primary medical servicesand primary dental services provided under Part 1 of the 1977 Act orany corresponding provisions of the la w in force in Northern Ireland
or the Isle of Man.”
4 In section 63(2)—
(a) after paragraph (a) insert—
“(aa) the provision or performance of a primary medical
service or primary dental service under Part 1 of the1977 Act and an activity involved in or connectedwith the provision or performance of such a service;”;
(b) in paragraph (ba), omit “section 28C of the 1977 Act or”.
5 In section 64(3)(b), after “make arrangements” insert “or any service which a
Primary Care Trust or Local Health Board is under a duty to provide undersection 16CA or 16CC of that Act”.
Patents Act 1977 (c. 37)
6 (1) Section 56(4)(a) of the Patents Act 1977 is amended as follows.
(2) After “the provision of—” insert—
“(ai) primary medical services or primary dental services
under Part 1 of the National Health Service Act 1977,or any corresponding provisions of the law in force inNorthern Ireland or the Isle of Man, or”.
(3) In sub-paragraph (i), after “1977” insert “(in the case of pharmaceutical
services)”.
(4) In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.
National Health Service Act 1977 (c. 49)
7 The 1977 Act has effect subject to the following amendments.
8 In section 3, at the end insert—
“(4) For the purposes of the duty in subsection (1), services provided
under—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments158
(a) section 16CA(2) or 16CC(2) below, or
(b) a general medical services contract or a general dental
services contract,
are to be regarded as provided by the Secretary of State.”
9 In section 15(1)(a), for “general medical services, general dental services”
substitute “primary medical services, primary dental services”.
10 In section 16BB(4), at th e end insert “(including fun ctions under sections
16CA to 16CC below)”.
11 In section 16BC(1), at the en d insert “or sections 16CA to 16CC below”.
12 In section 18A(3)—
(a) in paragraph (a), omit “general medical, general dental,”; and
(b) for paragraph (b) substitute—
“(b) providing or performing primary medical services or
primary dental services under this Part,”.
13 (1) Section 26 is amended as follows.
(2) In subsection (2) (as substituted by the National Health Service (Primary
Care) Act 1997)—
(a) in paragraph (a), omit “general medical services, general dental
services”;
(b) for paragraph (b) substitute—
“(b) providing services under a general medical services
contract or a general dental services contract or inaccordance with section 28C arrangements,”.
(3) In subsection (4)—
(a) in paragraph (a), omit “general medical services, general dental
services”;
(b) for paragraph (aa) substitute—
“(aa) persons performing services under a general medical
services contract or a general dental services contractor in accordance with section 28C arrangements”.
14 In section 28C(1)(a) and (b), (2)(a) and (b) and (4), for “personal”, in all
places, substitute “primary”.
15 (1) Section 28D is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), at the end insert “or NHS foundation trust”;
(b) in paragraph (d), for “or a section 17C employee” substitute “, a
section 17C employee or an Article 15B employee”;
(c) in paragraph (f), at the end insert “or Local Health Board”.
(3) In subsection (2), after the definition of “the 1978 Act” insert—
““Article 15B arrangements” means arrangements for the provision of
services made under Article 15B of the Health and Personal SocialServices (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14)); 
“Article 15B employee” means an individual who, in connection with
the provision of services in accordance with Article 15Barrangements, is employed by a person providing or performingthose services;”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments159
(4) In subsection (2), in the definition of “qualifying body”—
(a) in paragraph (a), for “(c)” substitute “(ba), (bb), (bc)”;
(b) in paragraph (b), for “personal” substitute “primary”.
16 In section 28EE(2), for “personal” substitute “primary”.
17 In section 28I(a), for the words from “personal medical services” to
“arrangements” substitute “primary medical services or primary dentalservices under this Part”.
18 (1) Section 41(1) is amended as follows.
(2) In paragraph (b), after “medicines” insert “and listed appliances”.
(3) In paragraph (c)—
(a) after “medicines” insert “and listed appliances”;
(b) for “general dental services” substitute “primary dental services”.
19 In section 43(1), for “general medical services or general dental services”
substitute “primary medical services or primary dental services under Part1 above”.
20 In section 43D(10)—
(a) omit paragraphs (a) and (b);
(b) for the words fr om “paragraphs” to “a services list prepared by”
substitute “paragraphs (c) to (e), a supplementary list, a list undersection 28X or a list corresponding to a list under section 28Xprepared by”.
21 (1) Section 44 is amended as follows.
(2) In the side-note, for “local representative committees” substitute “Local
Optical Committees and Local Pharmaceutical Committees”.
(3) Omit subsections (ZA1) to (B1).
(4) In subsection (1)—
(a) for the words from “a Health Authority” to “their area” substitute “a
Local Health Board is satisfied that a committee formed for its area,or for its area and that of one or more other Local Health Boards”;
(b) for “the Health Authority” substitute “the Local Health Board”.
(5) Omit subsections (3)(a) to (d) and (5). 
22 (1) Section 45 is amended as follows.
(2) In the side-note, for “local representative committees” substitute “Local
Optical Committees and Local Pharmaceutical Committees”.
(3) In subsection (1)—
(a) for “Health Authorities” substitute “Local Health Boards”;
(b) omit paragraph (b).
(4) In subsection (1ZA), omit paragraph (b) and the preceding “or”.(5) In subsection (1A)—
(a) omit “Strategic Health Authority”;
(b) for “Health Authority” substitute “Local Health Board”.
(6) In subsection (1C), for the words from “an area” to the end substitute “an
area under subsection (B2)(b)(ii) of section 44 above shall, in respect of eachyear, determine the amount of its administrative expenses for that yearHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments160
attributable to the persons providing local pharmaceutical services in the
Primary Care Trust’s area”.
(7) In subsection (2), for “Health Authority”, in both places, substitute “Local
Health Board”.
(8) In subsection (3)—
(a) for “Health Authority”, in both places, substitute “Local Health
Board”;
(b) omit “general medical services, general dental services,”.
(9) In subsection (4), for the words from “deputy medical practitioners” to “as
the case may be” substitute “persons providing local pharmaceuticalservices”.
23 After section 45 insert—
“45A Local Medical Committees
(1) A Primary Care Trust may recognise a committee formed for its area,
or for its area and that of one or more other Primary Care Trusts,which it is satisfied is representative of—
(a) the persons to whom subsection (3) applies; and
(b) the persons to whom subsection (4) applies.
(2) A Local Health Board may recognise a committee formed for its area,
or for its area and that of one or more other Local Health Boards,which it is satisfied is representative of—
(a) the persons to whom subsection (3) applies; and
(b) the persons to whom subsection (4) applies.
(3) This subsection applies to—
(a) every medical practitioner who, under a general medical
services contract entered into by him, is providing primarymedical services in the area for which the committee isformed; and
(b) every medical practitioner who is providing general
ophthalmic services in that area.
(4) This subsection applies to every other medical practitioner—
(a) who is performing primary medical services in the area for
which the committee is formed—
(i) pursuant to section 16CC(2)(a) above;
(ii) in accordance with section 28C arrangements; or
(iii) under a general medical services contract; and
(b) who has notified the Primary Care Trust or Local Health
Board that he wishes to be represented by the committee (andhas not notified it that he wishes to cease to be sorepresented).
(5) A committee recognised under this section shall be called the Local
Medical Committee for the area for which it is formed.
(6) Any such committee may delegate any of its functions, with or
without restrictions or conditions, to sub-committees composed ofmembers of that committee.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments161
(7) Regulations may require a Pr imary Care Trust or Local Health
Board, in the exercise of its functions relating to primary medicalservices, to consult any committee recognised by it under this sectionon such occasions and to such extent as may be prescribed.
(8) Regulations may require a Strategic Health Authority, in the exercise
of any of its functions which relate to section 28C arrangements forthe provision of primary medical services, to consult, on suchoccasions and to such extent as may be prescribed, any committee—
(a) which is recognised by a Primary Care Trust under this
section for the area where the services are (or are to be)provided under those arrangements; and
(b) which is representative of persons providing or performing
those services under those arrangements.
(9) A committee recognised under this section shall have such other
functions as may be prescribed.
(10) A committee recognised under this section shall in respect of each
year determine—
(a) the amount of its administrative expenses for that year
attributable to persons of whom its is representative undersubsection (1)(a) or (2)(a); and
(b) the amount of its administrative expenses for that year
attributable to persons of whom it is representative undersubsection (1)(b) or (2)(b). 
(11) A Primary Care Trust or Local Health Board may—
(a) on the request of a committee recognised by it, allot to that
committee such sums for defraying the expenses referred toin subsection (10)(a) as it may determine; and
(b) deduct the amount of such sums from the remuneration of
persons of whom it is representative under subsection (1)(a)or (2)(a) under the general medical services contracts, orarrangements under section 38 above, entered into by themwith the Trust or Board.
(12) A committee recognised under th is section shall apportion the
amount determined by it under subsection (10)(b) among thepersons of whom it is representative under subsection (1)(b) or (2)(b);and each such person shall pay in accordance with the committee’sdirections the amount so apportioned to him.
(13) References in this section to the administrative expenses of a
committee include the travelling and subsistence allowances payableto its members.
45B Local Dental Committees
(1) A Primary Care Trust may recognise a committee formed for its area,
or for its area and that of one or more other Primary Care Trusts,which it is satisfied is representative of—
(a) the persons to whom subsection (3) applies; and
(b) the persons to whom subsection (4) applies.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments162
(2) A Local Health Board may recognise a committee formed for its area,
or for its area and that of one or more other Local Health Boards,which it is satisfied is representative of—
(a) the persons to whom subsection (3) applies; and
(b) the persons to whom subsection (4) applies.
(3) This subsection applies to every dental practitioner who, under a
general dental services contract en tered into by him, is providing
primary dental services in the area for which the committee isformed.
(4) This subsection applies to every other dental practitioner—
(a) who is performing primary dental services in the area for
which the committee is formed—
(i) under section 16CA(2) above;
(ii) in accordance with section 28C arrangements; or
(iii) under a general dental services contract; and
(b) who has notified the Primary Care Trust that he wishes to be
represented by the committee (and has not notified it that hewishes to cease to be so represented).
(5) A committee recognised under this section shall be called the Local
Dental Committee for the area for which it is formed.
(6) Any such committee may delegate any of its functions, with or
without restrictions or conditions, to sub-committees composed ofmembers of that committee.
(7) Regulations may require a Pr imary Care Trust or Local Health
Board, in the exercise of its functions relating to primary dentalservices, to consult any committee recognised by it under this sectionon such occasions and to such extent as may be prescribed.
(8) Regulations may require a Strategic Health Authority, in the exercise
of any of its functions which relate to section 28C arrangements forthe provision of primary dental services, to consult, on suchoccasions and to such extent as may be prescribed, any committee—
(a) which is recognised by a Primary Care Trust under this
section for the area where the services are (or are to be)provided under those arrangements; and
(b) which is representative of persons providing or performing
those services under those arrangements.
(9) A committee recognised under this section shall have such other
functions as may be prescribed.
(10) A committee recognised under this section shall in respect of each
year determine—
(a) the amount of its administrative expenses for that year
attributable to persons of whom it is representative undersubsection (1)(a) or (2)(a); and
(b) the amount of its administrative expenses for that year
attributable to persons of whom it is representative undersubsection (1)(b) or (2)(b). 
(11) A Primary Care Trust or Local Health Board may—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments163
(a) on the request of a committee recognised by it, allot to that
committee such sums for defraying the expenses referred toin subsection (10)(a) as it may determine; and
(b) deduct the amount of such sums from the remuneration of
persons of whom it is representative under subsection (1)(a)or (2)(a) under the general dental services contracts enteredinto by them with the Trust or Board.
(12) A committee recognised under th is section shall apportion the
amount determined by it under subsection (10)(b) among thepersons of whom it is representative under subsection (1)(b) or (2)(b);and each such person shall pay in accordance with the committee’sdirections the amount so apportioned to him.
(13) References in this section to the administrative expenses of a
committee include the travelling and subsistence allowances payableto its members.”
24 In section 49N(1)—
(a) in paragraph (a), for “49F(1)(a) to (e)” substitute “49F(1)”; 
(b) in paragraph (c), for the words from the beginning to “a services list”
substitute “all lists under section 28X above, or any listcorresponding to a list under that section”.
25 Section 53 (immunisation) shall cease to have effect.
26 (1) Section 54 (as substituted by the National Health Service (Primary Care) Act
1997) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “1973 or” insert “(prior to its repeal) section 29
of”;
(b) in paragraph (b), at the en d insert “(prior to the coming into force of
section 16CC above)”; 
(c) after that paragraph insert “or
(c) provided or performed primary medical services in
accordance with section 28C arrangements,arrangements under section 16CC(2)(b) above orunder a general medical services contract—
(i) in prescribed circumstances, or
(ii) if regulations so provide, in all
circumstances,”.
(3) In subsection (2), in the definition of “relevant area”—
(a) after “Primary Care Trust”, in both places, insert “, Local Health
Board”;
(b) after “by arrangement” insert “or contract”;
(c) for paragraphs (a) and (b) substitute “provided or performed
services as specified in subsection (1) above”.
27 (1) Section 72 is amended as follows.
(2) In subsection (5), at the end insert “and
(d) persons providing primary medical services or primary
dental services under a general medical services contract or ageneral dental services contract or in accordance with section28C arrangements”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments164
(3) In subsection (6)(a), for “Part II” substitute “this Act”.
28 In section 77, at the end insert—
“(4) This section does not apply in re lation to the provision of any
relevant dental service (within the meaning of section 79 below).”
29 In section 78(3), for “paragraphs 2 and 5” substitute “paragraph 2”.
30 In section 83(a), for “to 79” substitute “and 78”.
31 In section 83A(1)(a), for the words from “section 77(1)” to “1997” substitute
“section 77(1), 78(1) or 79 above”.
32 In section 85(1)—
(a) insert “or” at the end of paragraph (bbb);
(b) omit paragraph (e).
33 (1) Section 98 is amended as follows.
(2) In subsection (1)—
(a) insert “and” at the end of paragraph (dd);
(b) omit paragraph (e) and the preceding “and”.
(3) In subsection (4)—
(a) in paragraph (a), omit the words from “, other than” to the end;
(b) omit paragraph (b).
34 In section 99(1)—
(a) insert “and” at the end of paragraph (bb);
(b) omit paragraph (f) and the preceding “and”.
35 In section 100(1)—
(a) insert “and” at the end of paragraph (b);
(b) omit paragraph (e) and the preceding “and”.
36 In section 103(1)(a)—
(a) after “in respect of” insert “primary medical services or primary
dental services provided by any person under Part 1 of this Act orof”;
(b) omit “or in accordance with section 28C arrangements”.
37 In section 105(2)(a), for the words from “as part of” to “arrangements”
substitute “in the provision under this Act of primary medical services forthat person”.
38 In section 126(4), after “19A(7) above” insert “, or by section 28E(3A), 28N,
28T or 28U above,”.
39 In section 128(1), at the appropriate places in alphabetical order insert—
““general dental services contract” has the meaning given by section
28K above;”;
““general medical services contract” has the meaning given by section
28Q above;”;
““primary dental services” means services which are primary dental
services for the purposes of Part 1 (see section 16CA);”;Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments165
““primary medical services” means services which are primary medical
services for the purposes of Part 1 (see section 16CC).”
40 (1) In Schedule 7A, paragraph 3 is amended as follows.
(2) In sub-paragraph (1)—
(a) after paragraph (f) insert—
“(fa) persons providing primary medical services or
primary dental services under Part 1 of this Act;”; 
(b) in paragraph (g), omit the words from “or under” to “this Act”.
(3)  In sub-paragraph (2), for “(1)(g)” substitute “(1)(fa), (g)”.
41 In Schedule 8A, in paragraph 1(5), for the words from “personal medical” to
the end substitute “primary medical services or primary dental servicesunder any provision of, or made under, this Act.”
42 (1) Schedule 9A is amended as follows.
(2) In paragraph 6, for paragraphs (a) and (b) substitute—
“(a) health care professional of each description prescribed under
section 28X above, provided that each such health careprofessional appointed is included in a list under thatsection;”.
(3) At the end of paragraph 6 insert—
“For the purposes of paragraph (a) above, “health care professional” has the 
same meaning as in section 28X above.”
(4) In paragraph 10—
(a) after “49N above” insert “or for the purposes of regulations under
section 28X above containing provision corresponding to thosesections”;
(b) for paragraph (a) substitute—
“(a) if the practitioner is a health care professional of a
description prescribed under section 28X above, onemember of the panel must be a health careprofessional of the same description;
(aa) if the practitioner is of a description referred to in
paragraph 6(c) or (d) above, one member of the panelmust be a practitioner of that description; and”.
(5) In paragraph 17(c), at the end insert “or under any provision of regulations
under section 28X above corresponding to that provision”.
43 In Schedule 10, in paragraph 3, for “general medical services or personal
medical services” substitute “or performed services as specified in section54(1)”.
44 In Schedule 12, in paragraph 1(1)(b), for “accordance with section 28C
arrangements or”” substitute “the provision of primary medical servicesunder Part 1 or in accordance with”.
45 In Schedule 12A, insert “or” after paragraphs 1(2)(b), 2(2)(a), 4(2)(aa), 5(2)(a),
6A(2)(b) and 6B(2)(a).Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments166
National Health Service (Scotland) Act 1978 (c. 29)
46 (1) Section 17D of the National Health Service (Scotland) Act 1978 is amended
as follows.
(2) In subsection (1)—
(a) in paragraph (b)(ii), after “arrangements or” insert “primary medical
services in accordance with”;
(b) in paragraph (c)(ii), after “arrangements or” insert “primary dental
services in accordance with”.
(3) In subsection (2), in the definition of “NHS employee”—
(a) in paragraph (b)(ii), after “arrangements or” insert “primary medical
services in accordance with”;
(b) in paragraph (c)(i), for “36(1)(a)” substitute “28X”; 
(c) in paragraph (c)(ii), after “arrangements or” insert “primary dental
services in accordance with”.
Medical Act 1983 (c. 54)
47 The Medical Act 1983 is amended as follows.
48 In section 11(4), in the definition of “medical practice”—
(a) after “practitioners—” insert—
“(za) perform primary medical services under Part 1 of the
National Health Service Act 1977; or”;
(b) in paragraph (a), omit “Part II of the National Health Service Act
1977,”;
(c) in paragraph (b), omit “section 28C of the 1977 Act,”.
49 In section 12(2)(a), for “general medical services under Part II of the National
Health Service Act 1977,” substitute “primary medical services under Part 1of the National Health Service Act 1977 or general medical services under”. 
Dentists Act 1984 (c. 24)
50 In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—
“(aa) by a person providing prim ary dental services under section
28C of the National Health Service Act 1977 or under acontract under section 28K of that Act, or”.
Community Health Councils (Access to Information) Act 1988 (c. 24)
51 In section 1(6) of the Community He alth Councils (Access to Information)
Act 1988, in the paragraph 6B inserted into Schedule 12A of the LocalGovernment Act 1972 (c. 70)—
(a) after paragraph (a) insert—
“(aa) any particular person who is or was formerly
included in, or is an applicant for inclusion in, a listunder section 28X of that Act; or
(ab) any particular person who is or was formerly
providing services under a contract under section 28Kor section 28Q of that Act; or”;
(b) in paragraph (b), for “such a person” substitute “a person mentioned
in paragraphs (a) to (ab) above”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments167
Copyright, Designs and Patents Act 1988 (c. 48)
52 In section 240(4) of the Copyright, Designs and Patents Act 1988—
(a) after “providing—” insert—
“(za) primary medical services or primary dental services
under Part 1 of the National Health Service Act 1977”;
(b) in paragraph (a)(i), after “1977” insert “(in the case of pharmaceutical
services)”;
(c) omit paragraph (b)(i).
Health and Medicines Act 1988 (c. 49)
53 The Health and Medicines Act 1988 has effect subject to the following
amendments.
54 In section 12(1)—
(a) omit “The Dental Estimates Board shall be renamed as “the Dental
Practice Board” and”;
(b) in paragraph (a), omit “for any reference to the Dental Estimates
Board there were substituted a reference to the Dental Practice Boardand”;
(c) in paragraph (b)—
(i) omit “the Dental Estimates Board or”,
(ii) for “either or both of those Boards” substitute “that Board”,
and
(iii) omit “the Dental Practice Board and”.
55 In section 17(1)— 
(a) omit “29, 36”;
(b) for “39 or 42” substitute “38, 39, 41 or 42”.
National Health Service and Community Care Act 1990 (c. 19)
56 (1) Section 18 of the National Health Service and Community Care Act 1990 is
amended as follows (for so long as it has effect).
(2) In subsection (1), for “Health Authority”, in each place, substitute “Local
Health Board”.
(3) In subsection (3), for para graphs (a) and (b) substitute—
“(a) a person or body who has entered into a contract under
section 28Q of the principa l Act, otherwise than in
partnership; or
(b) two or more individuals practising in partnership who
together have entered into such a contract,”.
(4) In subsections (4) and (5), for “Healt h Authority”, in each place, substitute
“Local Health Board”.
(5) At the end insert—
“(9) In this section, references to the “relevant” Primary Care Trust or
Local Health Board, in relation to a practice, are to the Primary CareTrust or Local Health Board with which it has entered into a contractunder section 28Q of the principal Act.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments168
Access to Health Records Act 1990 (c.23)
57 (1) The Access to Health Records Act 1990 is amended as follows.
(2) In section 1, in subsection (2), for paragraph (a) substitute—
“(a) in the case of a record made by a health professional
performing primary medical services under a generalmedical services contract made with a Primary Care Trust orLocal Health Board, the person or body who entered into thecontract with the Trust or Board (or, in a case where morethan one person so entered into the contract, any suchperson);
(aa) in the case of a record made by a health professional
performing such services in accordance with arrangementsunder section 28C of that Act with a Primary Care Trust,Strategic Health Authority or Local Health Board, the personor body which made the arrangements with the Trust,Authority or Board (or, in a case where more than one personso made the arrangements, any such person);”.
(3) In that subsection, in paragraph (b), after “by a health service body” insert
(and not falling within paragraph (aa) above)”.
(4) In section 7—
(a) in subsection (2), omit the words from “(other” to “section 1(2)(a)
above)”; and
(b) omit subsection (3).
(5) In section 11—
(a) at the appropriate place, insert—
“general medical services contract” means a contract under
section 28Q of the National Health Service Act 1977;”;
(b) omit the definition of “general practitioner”.
(6) This paragraph extends to England and Wales only.
Water Industry Act 1991 (c. 56)
58 In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—
“7. Premises not falling within paragraph 5 or 6 above which are used
for the provision of primary medical services or primary dentalservices under Part 1 of the National Health Service Act 1977.”
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
59 (1) Section 279 of the Trade Union and Labour Relations (Consolidation) Act
1992 is amended as follows.
(2) In paragraph (a), omit “28C, 29, 35”.(3) Renumber the existing provision as subsection (1).
(4) After that provision insert—
“(2) In this Act “worker” also includes an individual regarded in his
capacity as one who works or normally works or seeks to work as aperson performing primary medical services or primary dentalservices—Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments169
(a) in accordance with arrangements made by a Primary Care
Trust, Strategic Health Authority or Local Health Boardunder section 28C of the National Health Service Act 1977; or
(b) under a contract under section 28K or 28Q of that Act entered
into by him with a Primary Care Trust or Local Health Board,
and “employer” in relation to such an individual, regarded in that
capacity, means that Trust, Authority or Board.”
Health Service Commissioners Act 1993 (c. 46)
60 The Health Service Commissioners Act 1993 has effect subject to the
following amendments.
61 In section 2—
(a) in subsection (1)(c), for the words from “exercising” to the end
substitute “not exercising functions only or mainly in Wales”;
(b) in subsection (2)(b), for the words from “exercising” to the end
substitute “not exercising functions only or mainly in England”.
62 (1) Section 2A is amended as follows.
(2) In subsection (1)—
(a) for paragraph (a) substitute—
“(a) persons (whether individuals or bodies) providing
services under a contract entered into by them with aPrimary Care Trust under section 28K or 28Q of theNational Health Service Act 1977”;
(b) in paragraph (c), for “personal”, in both places, substitute “primary”.
(3) In subsection (2)—
(a) for paragraph (a) substitute—
“(a) persons (whether individuals or bodies) providing
services under a contract entered into by them with aLocal Health Board under section 28K or 28Q of theNational Health Service Act 1977;”;
(b) in paragraph (c), for “personal”, in both places, substitute “primary”.
63 In section 6(5)—
(a) omit “29, 36”;
(b) for “39 or 42” substitute “38, 39, 41 or 42”.
64 In section 18(1), after “partly” insert “or wholly”.
Employment Rights Act 1996 (c. 18)
65 (1) Section 43K of the Employment Rights Act 1996 is amended as follows.
(2) In subsection (1), after paragraph (b) insert—
“(ba) works or worked as a person performing services under a
contract entered into by him with a Primary Care Trust orLocal Health Board under section 28K or 28Q of the NationalHealth Service Act 1977,”.
(3) In subsection (2), after  paragraph (a) insert—
“(aa) in relation to a worker falling within paragraph (ba) of that
subsection, the Primary Care Trust or Local Health Boardreferred to in that paragraph,”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments170
Education Act 1996 (c. 56)
66 In section 520(1) of the Education Act 1996, for “(1A)” substitute “16CB”.
Health Act 1999 (c. 8)
67 In Schedule 3 to the Health Act 1999, in paragraph 11(2)—
(a) in sub-paragraph (c), for the words from “provide” to “under”
substitute “perform primary medical services under Part 1 of”;
(b) in sub-paragraph (d), for the words from “provide” to “under”
substitute “perform primary dental services under Part 1 of”.
Freedom of Information Act 2000 (c. 36)
68 In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before
paragraph 44 insert—
“43A Any person providing primary medical services or primary dental
services—
(a) in accordance with arrangemen ts made under section 28C
of the National Health Service Act 1977; or
(b) under a contract under section 28K or 28Q of that Act;
in respect of information relating to the provision of those
services.”
Health and Social Care Act 2001 (c. 15)
69 The Health and Social Care Act 2001 has effect subject to the following
amendments.
70 Section 18 shall cease to have effect.
71 In section 28(4), for the words from “personal medical services” to the end
substitute “primary medical services or primary dental services under anyprovision of, or made under, the 1977 Act.”
72 (1) Schedule 1 is amended as follows.
(2) For paragraphs 11 and 12 substitute—
“11 Information relating to a particular person who—
(a) is or was formerly providing primary medical services or
primary dental services under a contract under section 28Kor 28Q of the 1977 Act;
(b) is or was formerly included in, or is an applicant for
inclusion in, a list under section 28X of the 1977 Act.”
(3) In paragraph 13, for “, 11 or 12” substitute “or 11”.
73 In Schedule 2, in paragraph 5(2), for paragraphs (c) and (d) substitute—
“(c) primary medical services provided under Part 1 of
the 1977 Act.”
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
74 (1) Section 17 of the National Health Service Reform and Health Care
Professions Act 2002 is amended as follows.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 11 — Part 4: minor and consequential amendments171
(2) In subsection (1)—
(a) after paragraph (f) insert—
“(fa) persons providing primary medical services or
primary dental services under Part 1 of the 1977 Act,”;and
(b) in paragraph (g), omit the words from “or under” to “that Act”.
(3) In subsection (2), for “(1)(g)” substitute “(1)(fa), (g)”.
SCHEDULE 12
Section 187
PRIVY  COUNCIL APPOINTMENTS
Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)
1 (1) The Pharmacy Act 1954 is amended as follows.
(2) In section 15 (appointment of certain members to the Council of the
Pharmaceutical Society of Great Britain) after subsection (2) there areinserted the following subsections—
“(3) Subsection (4) applies if, under section 187 of the Health and Social
Care (Community Health and Standards) Act 2003, the Secretary ofState has given a direction to a Special Health Authority to exerciseany function of a Minister of the Crown relating to the making ofappointments to a body mentioned in that section.
(4) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underthis section in relation to—
(a) the appointment of members to the Council;
(b) the period for which a person appointed is to hold office.”
(3) In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted
the following paragraph—
“3A (1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underparagraph 1 in relation to the appointment and removal of thechairman of the committee.
(3) If the Privy Council give a direction as mentioned in sub-
paragraph (2) for so long as the direction remains in force and forthe purposes (if any) specified in the direction paragraph 3(2)(b)must be construed as if the reference to the Clerk to the PrivyCouncil is a reference to the Special Health Authority.”Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 12 — Privy Council appointments172
Medical Act 1983 (c. 54)
2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is
amended as follows.
(2) In paragraph 4(1) (nominated members) for the words “Her Majesty on the
advice of Her Privy Council” ther e are substituted “the Privy Council”.
(3) After paragraph 4 there is inserted—
“4ZA(1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underparagraph 4 in relation to the nomination of persons to benominated members of the Council.”
Dentists Act 1984 (c. 24)
3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended
as follows.
(2) In paragraph 1 (constitution) in sub-par agraph (5) for “paragraph 2” there is
substituted “paragraphs 2 and 2A”.
(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are
substituted the following—
“(2) The lay members shall be appointed by the Privy Council.
(3) The lay members must include at least one person from each of
England, Scotland, Wales and Northern Ireland.
(4) A person is from England, Scotland, Wales or Northern Ireland (as
the case may be) if he lives or works  there or mainly lives or works
there.”
(4) After paragraph 2 there is inserted the following paragraph—
“2A (1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underparagraph 2 in relation to—
(a) the appointment of persons to be lay members of the
Council;
(b) the termination of such an appointment.”
Opticians Act 1989 (c. 44)
4 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) afterHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 12 — Privy Council appointments173
paragraph 2 there is inserted the following paragraph—
“2A (1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction—
(a) its functions under paragraphs 1 and 2 in relation to the
nomination of persons to be members of the Council;
(b) its functions under paragraph 8 in relation to the
nomination of the Chairman of the Council.”
Osteopaths Act 1993 (c. 21)
5 In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of
the General Council appointed by the Privy Council) there is inserted thefollowing paragraph—
“11A(1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underparagraphs 1 and 11 in relation to the appointment of members ofthe Council.”
Chiropractors Act 1994 (c. 17)
6 In Schedule 1 to the Chiropractors Act 1994 after paragraph 11 (members of
the General Council appointed by the Privy Council) there is inserted thefollowing paragraph—
“11A(1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underparagraphs 1 and 11 in relation to the appointment of members ofthe Council.”
The Nursing and Midwifery Order 2001 (S.I. 2002/253)
7 In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and
Midwifery Council) after paragraph 15 (powers of the Council) there isHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 12 — Privy Council appointments174
inserted the following paragraph—
“Privy Council functions
15A (1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underthis Part of this Schedule in relation to the appointment,replacement and removal of members of the Council.”
The Health Professions Order 2001 (S.I. 2002/254)
8 In Schedule 1 to the Health Prof essions Order 2001 (the Health Professions
Council) after paragraph 16 (powers of the Council) there is inserted thefollowing paragraph—
“Privy Council functions
16A (1) This paragraph applies if, under section 187 of the Health and
Social Care (Community Health and Standards) Act 2003, theSecretary of State has given a direction to a Special HealthAuthority to exercise any function of a Minister of the Crownrelating to the making of appointments to a body mentioned inthat section.
(2) The Privy Council may direct the Special Health Authority to
exercise to the extent specified in the direction its functions underthis Part of this Schedule in relation to the appointment,replacement and removal of members of the Council.”
SCHEDULE 13
Section 190
AMENDMENTS CONSEQUENTIAL ON THE ABOLITION OF THE  PUBLIC  HEALTH  LABORATORY
SERVICE  BOARD
Parliamentary Commissioner Act 1967 (c. 13)
1 In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967
(matters not subject to examination) the words “or by the Public HealthLaboratory Service Board” are omitted.
House of Commons Disqualification Act 1975 (c. 24)
2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) the entry relating to the Chairman of the PublicHealth Laboratory Service Board is omitted.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 13 — Amendments consequential on the abolition of the Public Health Laboratory Service Board175
Race Relations Act 1976 (c. 74)
3 In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies
subject to a general statutory duty) the entry relating to the Public HealthLaboratory Service Board is omitted.
National Health Service Act 1977 (c. 49)
4 In the National Health Service Act 1977—
(a) in section 5 (provision of other services), subsections (4) and (5) are
omitted;
(b) in section 127(c) the words “(except the Public Health Laboratory
Service Board)” are omitted;
(c) Schedule 3 (Public Health Laboratory Service Board) is omitted.
Income and Corporation Taxes Act 1988 (c.1)
5 In section 519A(2) of the Income and Corporation Taxes Act 1988 (definition
of health bodies) paragraph (h) is omitted.
National Health Service and Community Care Act 1990 (c. 19)
6 In the National Health Service and Community Care Act 1990—
(a) in section 4(2) (NHS contracts) paragraph (h) is omitted;
(b) in section 21(2) (schemes for meeting losses and liabilities of certain
health service bodies) paragraph (c) and the word “and” preceding itare omitted;
(c) in section 60(7) (removal of Crown immunities) paragraph (h) and
the word “and” preceding it are omitted.
Health Service Commissioners Act 1993 (c. 46)
7 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
to investigation) paragraph (g) and the word “and” preceding it are omitted.
Employment Rights Act 1996 (c. 18)
8 In section 218(10) (list of health service employers affected by continuity of
employment provisions) paragraph (e) and the word “and” preceding it areomitted.
Government of Wales Act 1998 (c. 38)
9 (1) In Schedule 5 to the Government of Wales Act 1998 (bodies covered by
power of Assembly to require under sect ion 74 of that Act certain persons to
attend and give evidence and produce documents), paragraph 39 is omitted.
(2) But sub-paragraph (1) does not affect a requirement made—
(a) before this paragraph comes into force;
(b) in relation to any matter which occurred or existed before that time.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 13 — Amendments consequential on the abolition of the Public Health Laboratory Service Board176
Freedom of Information Act 2000 (c. 36)
10 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for
the purposes of the Act) paragraph 43 is omitted.
International Development Act 2002 (c. 1)
11 In Schedule 1 to the International Development Act 2002 (bodies with power
to enter into certain arrangements) the words “Public Health LaboratoryService Board” are omitted.
Nationality, Immigration and Asylum Act 2002 (c. 41)
12 In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(disclosure of certain information to health service bodies)—
(a) in paragraph (a) the word “or” is inserted after sub-paragraph (iii)
and sub-paragraph (v) and the word “or” preceding it are omitted;
(b) in paragraph (b) the word “or” is inserted after sub-paragraph (i) and
sub-paragraph (iii) and the word “or” preceding it are omitted.
SCHEDULE 14
Section 196
REPEALS AND REVOCATIONS
PART 1
NHS FOUNDATION TRUSTS
Reference Extent of repeal or revocation
Health Services and Public
Health Act 1968 (c. 46)In section 63(5B), the “and” at the end of
paragraph (bbb).
National Health Service Act
1977 (c. 49)In section 22(1A), the “or” at the end of
paragraph (cc).
In section 125, the “and” at the end of paragraph
(bbb).
National Health Service and
Community Care Act 1990 (c.19)In Schedule 2, paragraphs 21 and 25(b).
In Schedule 9—
paragraph 7(a),
paragraph 13(a),
in paragraph 18(5)(a), the words from “after”
to “trust” and”,
paragraph 36(4)(a).
Access to Health Records Act
1990 (c. 23)In section 11, in the defi nition of “health service
body”, the “or” before paragraph (d).
Courts and Legal Services Act
1990 (c. 41)In Schedule 16— 
in paragraph 14(b), the words from “and
after” to the end,
paragraph 20.
Health and Social Care Act 2001
(c. 15)In section 11(2), the “and” before paragraph (c).Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 2 — Standards177
PART 2
STANDARDSNational Health Service Reform
and Health Care ProfessionsAct 2002 (c. 17)In section 15(1), the “and” before paragraph (b).
Reference Extent of repeal or revocation
Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the Table at the end of
paragraph 3, the entries relating to theCommission for Health Improvement and theNational Care Standards Commission.
Public Bodies (Admission to
Meetings) Act 1960 (c. 67)In the Schedule, paragraph 1(bc) and (bf).
Parliamentary Commissioner
Act 1967 (c. 13)In Schedule 2, the entries relating to the
Commission for Health Improvement and theNational Care Standards Commission.
Local Authority Social Services
Act 1970 (c. 42)Section 7B.
House of Commons
Disqualification Act 1975(c.24)In Part 2 of Schedule 1, the entries relating to the
Commission for Health Improvement and theNational Care Standards Commission.
Northern Ireland Assembly
Disqualification Act 1975(c.25)In Part 2 of Schedule 1, the entries relating to the
Commission for Health Improvement and theNational Care Standards Commission.
Hospital Complaints Procedure
Act 1985 (c. 42)In section 1—
in subsection (1), the words from “to each”,
where first occurring, to “Wales and” and thewords “Strategic Health Authority, HealthAuthority, Special Health Authority or”;and“20 or” and “or Schedule 2,”;
subsections (1B), (1C)(a) and (3)(a).
Children Act 1989 (c. 41) Section 14G.
Health Service Commissioners
Act 1993 (c. 46)Section 4(6).
Health Authorities Act 1995
(c. 17)In Schedule 1, paragraph 109.
Health Act 1999 (c. 8) Sections 18 to 24.
In section 62—
in subsection (1), “20 or” and “or Schedule 2,”;
in subsection (5), “20 or”.
In section 64, the definition of “the
Commission”.
Section 66(6).
Schedule 2.
In Schedule 4, paragraph 71.Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 3 — Recovery of NHS charges178
PART 3
RECOVERY OF  NHS CHARGESNational Assembly for Wales
(Transfer of Functions) Order1999 (S.I. 1999/672)In Schedule 1, in the entry relating to the Health
Act 1999, “20(1), 22 and” and “and Schedule 2(other than paragraph 2)”.
In Schedule 2, the entries relating to the Health
Act 1999.
Care Standards Act 2000 (c. 14) Sections 6 and 7.
Section 9.
Section 10(1).
Section 22(8)(a).In section 31(6), “and inspect any medical
records relating to his treatment in theestablishment”.
Section 32(8).
Section 44.Section 45(1) to (3) and (5).
Sections 46 and 47.
Section 49(2).Section 51.
In section 113(1), “the Commission or” and, in
paragraph (b), “6(2) or”.
In section 121(13), in the table, the entry for “the
Commission”.
In Schedule 1—
in paragraph 1(1), “the Commission,”;
paragraphs 9 to 11, 15 and 17.
Local Government Act 2000 (c.
22)In Schedule 5, paragraph 29.
Freedom of Information Act
2000 (c. 36)In Part VI of Schedule 1, the reference to the
Commission for Health Improvement.
National Health Service Reform
and Health Care ProfessionsAct 2002 (c. 17)Sections 11 to 14.
In Schedule 1, paragraphs 37, 49 and 50.
In Schedule 5, paragraph 44.
In Schedule 8, paragraphs 28 to 31.
Health and Social Care
(Community Health andStandards) Act 2003In Schedule 9, paragraph 27.
Reference Extent of repeal or revocation
Road Traffic (NHS Charges) Act
1999 (c. 3)The whole Act.
Road Traffic Act 1988 (c. 52) In section 145(6)—
(a)  the words “or the Road Traffic (NHS
Charges) Act 1999”, and
(b) in paragraph (b), the words “or section 1
of the Act of 1999”.
In section 161(1), in the definition of “hospital”,
paragraph (b).Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services179
PART 4
DENTAL AND MEDICAL SERVICESTribunals and Inquiries Act
1992 (c. 53)In Part 2 of Schedule 1, paragraph 56(e).
Community Care and Health
(Scotland) Act 2002 (asp 5)Section 20(3).
Reference Extent of repeal or revocation
National Health Service
(Amendment) Act 1949 (c. 93)The whole Act.
Parliamentary Commissioner Act
1967 (c. 13)In Schedule 3, in paragraph 8(1), “the Dental
Practice Board or”.
Health Services and Public Health
Act 1968 (c. 46)In section 59(2A), “section 28C of the 1977
Act,”.
In section 63(2)(ba), “section 28C of the 1977
Act or”.
House of Commons
Disqualification Act 1975 (c. 24)In Schedule 1, in Part 3, the entry relating to
the Chairman or Vice-Chairman of theDental Practice Board or member of thatBoard appointed at an annual salary.
Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to
the Dental Practice Board.
Patents Act 1977 (c. 37) In section 56(4)(a)(ii), “section 28C of the 1977
Act,”.
National Health Service Act 1977
(c. 49)In section 3(3), “medical, dental,”.
Section 5(1A).
In section 18A(3)(a), “general medical,
general dental,”.
In section 26(2)(a) and (4)(a), “general medical
services, general dental services”.
Section 28C(3) and (7).
In section 28D(2), the definitions of
“qualifying dental practitioner” and“qualifying medical practitioner”.
Section 28DA.
In section 28E—
in subsection (2), par agraph (b) and the
words following that paragraph;
subsection (3)(f), (g), (j) and (k);
subsections (5) to (8).
Sections 28F to 28H.Sections 29 to 37.
Section 43ZA(3)(a) and (b).
In section 43C(3), in the definition of “Part II
services” the words “general medicalservices, general dental services,”.
In section 43D—
in subsection (1), “general medical services,
general dental services,”;Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services180
National Health Service Act 1977
(c. 49)— cont.subsection (10)(a) and (b).
In section 44—
subsections (ZA1) to (B1);subsection (3)(a) to (d);
subsection (5).
In section 45—
subsection (1)(b);
subsection (1ZA)(b) and the preceding “or”;
in subsection (1A), “Strategic Health
Authority”;
in subsection (3), “general medical services,
general dental services”;
Section 49F(1)(a) and (c).
In section 49H(1)(a), “or a dental
corporation”.
In section 52, “general medical services,
general dental services,”.
Section 53.
Section 56(a) and (b).In section 72(5)(a), “, dental practitioners,”.
In section 78—
in the side-note, “dental or”;subsections (1A) and (2).
Section 81(b).
Section 82(b).Section 83(b).
Section 85(1)(e).
In section 98— 
subsection (1)(e) and the preceding “and”;
in subsection (4), in paragraph (a), the
words from “, other than” to the end, andparagraph (b).
Section 99(1)(f) and the preceding “and”.Section 100(1)(e) and the preceding “and”.
Section 102(1)(a)(iii) and (iv) and (2)(b) and
(c).
In section 103(1)(a), “or in accordance with
section 28C arrangements”.
In section 126(4), the words from “regulations
made under section 32” to “or to”.
In section 128(1)—
the definitions of “dental corporation”,
“medical list”, “personal dental services”and “personal medical services”;
in the definition of “terms of service”, the
words “general medical services, generaldental services,”.
In Schedule 1—
in the title, “and their education in dental
health”;
in paragraph 1(a), “or dental” and “or for
education in dental health”.
In Schedule 7A, in paragraph 3(1)(g), the
words from “or under” to “this Act”.
In Schedule 12—
in the heading preceding paragraph 2,
“dental or”;Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services181
National Health Service Act 1977
(c. 49)—cont.— cont.in paragraph 2, sub-paragraphs (3) to (7)
and, in sub-paragraph (8), the words from“and, in the case of” to the end;
paragraph 3 and the preceding heading;
paragraph 6.
In Schedule 12A— 
paragraph 1(2)(d) and the preceding “or”;
paragraph 2(2)(c) and the preceding “or”;paragraph 4(2)(b) and the preceding “or”;
paragraph 5(2)(b) and the preceding “or”;
paragraph 6A(2)(d) and the preceding “or”;paragraph 6B(2)(c) and the preceding “or”.
National Health Service (Scotland)
Act 1978 (c. 29)Section 17A(2)(g).
Health Services Act 1980 (c. 53) In Schedule 5, paragraphs 2(3) and 4.
Health and Social Services and
Social Security AdjudicationsAct 1983 (c. 41)Section 14(1).
Section 15(a).
In Schedule 6, paragraph 2.
Medical Act 1983 (c. 54) In section 11(4), in the definition of “medical
practice”—
in paragraph (a), “Part II of the National
Health Service Act 1977,”;
in paragraph (b), “section 28C of the 1977
Act,”.
In Schedule 5, paragraph 16(a).
Dentists Act 1984 (c. 24) In section 40(2)(ab), “section 28C of the
National Health Service Act 1977 or”.
In Schedule 5, paragraph 8.
Health and Social Security Act
1984 (c. 48)In Schedule 3, paragraph 5.
Income and Corporation Taxes Act
1988 (c. 1)Section 519A(2)(f).
Copyright, Designs and Patents
Act 1988 (c. 48)Section 240(4)(b)(i).
Health and Medicines Act 1988
(c. 49) In section 2(1)(a)—
in sub-paragraph (i), “Part II of the
National Health Service Act 1977 or”;
in sub-paragraph (ii), “section 28C of the
1977 Act or”.
In section 8(1)—
in paragraph (a), “section 29 of the National
Health Service Act 1977 or”;
in paragraph (b), “section 36 of the National
Health Service Act 1977 or”.
In section 12(1)— 
“The Dental Estimates Board shall be
renamed as “the Dental Practice Board”and”;Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services182
Health and Medicines Act 1988
(c. 49)— cont.in paragraph (a), “for any reference to the
Dental Estimates Board there weresubstituted a reference to the DentalPractice Board and”;
in paragraph (b), “the Dental Estimates
Board or” and “the Dental Practice Boardand”.
Section 12(2) and (3)(a).In section 17(1), “29, 36”.
In Schedule 2, paragraphs 4 to 6, 7(1) and (2)
and 8(2) and (3).
National Health Service and
Community Care Act 1990(c. 19)In section 4(2)(g), “the Dental Practice Board
or”.
Section 18(7).
Sections 23 and 24.
Section 60(7)(f).
Access to Health Records Act 1990
(c. 23)In section 7—
in subsection (2), the words from “(other”
to “section 1(2)(a) above”
subsection (3). 
In section 11, the definition of “general
practitioner”.
Trade Union and Labour Relations
(Consolidation) Act 1992 (c. 52)In section 279(a), “28C, 29, 35”.
Health Service Commissioners Act
1993 (c. 46)Section 2(1)(f).
In section 6(5), “29, 36”.
Health Authorities Act 1995 (c. 17) In Schedule 1, paragraphs 18 to 26.
Medical (Professional
Performance) Act 1995 (c. 51)In the Schedule, paragraph 28.
Employment Rights Act 1996
(c. 18)In section 43K(1)(c)(i), “29, 35”.
Section 218(10)(d).
National Health Service (Primary
Care) Act 1997 (c. 46)Part 1.
Section 23(1).
Section 24(1).Section 25(1).
Section 32.
Section 40(1) and (3).Schedule 1.
In Schedule 2, paragraphs 6, 8 to 12, 16 to 19,
24, 25, 71 to 73, 80 and 81.
Health Act 1999 (c. 8) Section 6(1).
Section 9(2) and (3).
In section 10(1)—
in the section 43A inserted into the
National Health Service Act 1977, insubsection (1), “general medical services,general dental services,”;
in the section 43B so inserted, in subsection
(6), the words from “Subject to” to “35(2)above,”.
Section 11(2).Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services183
Note: The repeals in this Part of this Schedule to the following enactments
extend to England and Wales only—
(a) the National Health Service (Amendment) Act 1949 (c. 93);
(b) the Access to Health Records Act 1990 (c. 23);
(c) the National Health Service (Primary Care) Act 1997 (c. 46) and
enactments amending that Act.
PART 5
REPLACEMENT OF  WELFARE  FOOD  SCHEMESHealth Act 1999 (c. 8)— cont. Section 39(2) and (3).
In section 61(2), the words from “, or Part 1”
to “1997,”.
In Schedule 3, paragraph 11(3).In Schedule 4—
in paragraph 2, “section 29(4) of the 1977
Act and”;
paragraphs 17 and 88.
National Assembly for Wales
(Transfer of Functions) Order1999 (S.I. 1999/672)In Schedule 1, in the entry for the National
Health Service Act 1977, paragraphs (c)and (e).
Freedom of Information Act 2000
(c. 36)In Schedule 1, in Part 3— 
paragraph 42;in paragraph 44, “general medical services,
general dental services,”;
paragraph 45.
Health and Social Care Act 2001
(c. 15)Section 15.
Sections 17 and 18.
Section 20(2) to (4).
Section 22.Section 23(2) and (3).
Section 26. 
Section 27(5).In section 41(1)—
in paragraph (a), “(provision of personal
medical or dental services)”; 
paragraph (b) and the preceding “or”.
In Schedule 5, paragraphs 5(4) to (7), 11(2)
and (3) and 12(2).
National Health Service Reform
and Health Care Professions Act2002 (c. 17)Section 4(1).
Section 5(2), (3) and (6).In section 17(1)(g), the words from “or under”
to “that Act”.
In Schedule 1, paragraph 17.
In Schedule 2, paragraphs 3 to 10 and 72.In Schedule 3, paragraphs 2 to 6, 10 and 15 to
17.
In Schedule 8, paragraph 2.
Reference Extent of repeal or revocation
Social Security Act 1988 (c. 7) Section 15A(3). Reference Extent of repeal or revocationHealth and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 6 — Loans by Secretary of State to NHS trusts184
PART 6
LOANS BY  SECRETARY OF  STATE TO  NHS TRUSTS
PART 7
ABOLITION OF THE  PUBLIC  HEALTH  LABORATORY  SERVICE  BOARDReference Extent of repeal or revocation
National Health Service and
Community Care Act 1990 (c.19)In Schedule 3, in paragraph 1(6), the words “,
with the consent of the Treasury,”.
Reference Extent of repeal or revocation
Parliamentary Commissioner
Act 1967 (c. 13)In Schedule 3, in paragraph 8(1) the words “or
by the Public Health Laboratory ServiceBoard”.
House of Commons
Disqualification Act 1975 (c.24)In Schedule 1, in Part 3, the entry relating to the
Chairman of the Public Health LaboratoryService Board.
Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to
the Public Health Laboratory Service Board.
National Health Service Act
1977 (c. 49)Section 5(4) and (5).
In section 127(c) the words “(except the Public
Health Laboratory Service Board)”.
Schedule 3.
Public Health Laboratory
Service Act 1979 (c. 23)Sections 1(3) and (4) and 2.
Income and Corporation Taxes
Act 1988 (c. 1)Section 519A(2)(h).
National Health Service and
Community Care Act 1990 (c.19)Section 4(2)(h).
In section 21(2), paragraph (c) and the preceding
“and”.
In section 60(7), parag raph (h) and the
preceding “and”.
Health Service Commissioners
Act 1993 (c. 46)In section 2(1), paragraph (g) and the preceding
“and”.
Employment Rights Act 1996 (c.
18)In section 218(10), paragraph (e) and the
preceding “and”.
Government of Wales Act 1998
(c. 38)In Schedule 5, paragraph 39.
Freedom of Information Act
2000 (c. 36)In Schedule 1, paragraph 43.
International Development Act
2002 (c. 1)In Schedule 1 the words “Public Health
Laboratory Service Board”.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Schedule 14 — Repeals and revocations
Part 7 — Abolition of the Public Health Laboratory Service Board185
Nationality, Immigration and
Asylum Act 2002 (c. 41)In section 133(4)—
in paragraph (a), sub-paragraph (v) and
the preceding “or”;
in paragraph (b), sub-paragraph (iii) and
the preceding “or”.Reference Extent of repeal or revocation
?Crown copyright 2003
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