# Care Act 2014

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U.K.

# Care Act 2014

# 2014 CHAPTER 23

An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers;                        to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and                        make provision about Health Education England; to establish and make provision about the Health Research Authority; to make                        provision about integrating care and support with health services; and for connected purposes.                     

[14th May 2014]

Be it enacted 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**U.K.Care and support

### General responsibilities of local authoritiesE+W

#### 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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### Meeting needs for care etc.E+W

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### Assessing needsE+W

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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#### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Charging and assessing financial resourcesE+W

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

#### 15Cap on care costsE+W

Prospective

#### 16Cap on care costs: annual adjustmentE+W

#### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Duties and powers to meet needsE+W

#### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Next steps after assessmentsE+W

#### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

#### 28Independent personal budgetE+W

Prospective

#### 29Care accountE+W

#### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Direct paymentsE+W

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Deferred payment agreements, etc.E+W

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

#### 36Alternative financial arrangementsE+W

### Continuity of care and support when adult movesE+W

#### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Establishing where a person lives, etc.U.K.

#### 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Safeguarding adults at risk of abuse or neglectE+W

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Provider failureU.K.

#### 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Market oversightE+W

#### 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 54Determining whether criteria apply to care providerE+W

#### 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 56Informing local authorities where failure of care provider likelyE+W

#### 57Sections 54 to 56: supplementaryE+W

### Transition for children to adult care and support, etc.E+W

#### 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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#### 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Independent advocacy supportE+W

#### 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Enforcement of debtsE+W

#### 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

### Review of funding provisionsE+W

#### 71Five-yearly review by Secretary of StateE+W

Prospective

### AppealsE+W

#### 72Part 1 appealsE+W

### MiscellaneousU.K.

#### 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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#### 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### GeneralE+W

#### 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 2**E+WCare standards

### Quality of servicesE+W

#### 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 82Warning noticeE+W

#### 83Imposition of licence conditions on NHS foundation trustsE+W

#### 84Trust special administration: appointment of administratorE+W

#### 85Trust special administration: objective, consultation and reportsE+W

### Care Quality CommissionE+W

#### 86Restriction on applications for variation or removal of conditionsE+W

#### 87Rights of appealE+W

#### 88Unitary boardE+W

### Increasing the independence of the Care Quality CommissionE+W

#### 89Chief InspectorsE+W

#### 90Independence of the Care Quality CommissionE+W

### Performance ratingsE+W

#### 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### False or misleading informationE+W

#### 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 93PenaltiesE+W

#### 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Regulated activitiesE+W

#### 95Training for persons working in regulated activityE+W

## **PART 3**U.K.Health

### CHAPTER 1U.K.Health Education England

#### EstablishmentU.K.

##### 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### National functionsE+W

##### 97Planning education and training for health care workers etc.E+W

##### 98Ensuring sufficient skilled health care workers for the health serviceE+W

##### 99Quality improvement in education and training, etc.E+W

##### 100Objectives, priorities and outcomesE+W

##### 101Sections 98 and 100: matters to which HEE must have regardE+W

##### 102AdviceE+W

#### Local functionsE+W

##### 103Local Education and Training BoardsE+W

##### 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 106Education and training plansE+W

##### 107Commissioning education and trainingE+W

#### TariffsE+W

##### 108TariffsE+W

### CHAPTER 2U.K.Health Research Authority

#### EstablishmentU.K.

##### 109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### General functionsU.K.

##### 110The HRA's functionsU.K.

#### Regulatory practiceU.K.

##### 111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Research ethics committeesU.K.

##### 112The HRA's policy on research ethics committeesU.K.

##### 113Approval of researchU.K.

##### 114Recognition by the HRAU.K.

##### 115Establishment by the HRAU.K.

##### 116Membership of the United Kingdom Ethics Committee AuthorityU.K.

#### Patient informationU.K.

##### 117Approval for processing confidential patient informationU.K.

### CHAPTER 3U.K.Chapters 1 and 2: supplementary

#### MiscellaneousU.K.

##### 118Transfer ordersU.K.

#### GeneralU.K.

##### 119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 4E+WTrust special administration

#### 120Powers of administrator etc.E+W

## **PART 4**E+WHealth and social care

### Integration fundE+W

#### 121Integration of care and support with health services etc: integration fundE+W

### InformationE+W

#### 122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 5**U.K.General

### 123Power to make consequential provisionU.K.

(1)The Secretary of State may by order make provision in consequence of a provision of this Act.                  

(2)An order under this section may amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified                        modifications.                  

(3)The power conferred by this section is not restricted by any other provision of this Act.                  

(4)A saving or a transitional or transitory provision in an order under this section by virtue of section 125(8) may, in particular,                        modify the application of a provision made by the order pending the commencement of—                  

(a)another provision of the order,                  

(b)a provision of this Act, or                  

(c)any other enactment.                  

(5)Before making an order under this section that contains provision which is within the legislative competence of a devolved                        legislature, the Secretary of State must consult the relevant devolved authority.                  

(6)A reference to an enactment includes a reference to an enactment passed or made after the passing of this Act.                  

### 124Power to make transitional etc. provisionU.K.

(1)The Secretary of State may by order make transitional, transitory or saving provision in connection with the commencement                        of a provision of this Act.                  

(2)An order under this section may modify the application of a provision of this Act pending the commencement of—                  

(a)another provision of this Act, or                  

(b)any other enactment (including one passed or made after the passing of this Act).                  

### 125Regulations and ordersU.K.

(1)A power to make regulations under this Act is exercisable by the Secretary of State.                  

(2)Regulations and orders under this Act must be made by statutory instrument.                  

(3)Subject to subsections (4) and (6), a statutory instrument containing regulations or an order under this Act is subject to                        annulment in pursuance of a resolution of either House of Parliament.                  

(4)A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless                        a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—                  

(a)regulations under section 13(7) (the eligibility criteria);                  

(b)regulations under section 15(4) (the cap on care costs) other than those made in discharge of the duty under section 16(1);                  

(c)the first regulations under section 15(8) (the amount attributable to an adult's daily living costs);                  

(d)regulations under section 22(2)(b) (services or facilities which a local authority may not provide or arrange);                  

(e)regulations under section 35(9) or 36(3) (deferred payment agreements and loans and alternative financial arrangements) which                        include provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament                        to apply with modifications;                  

(f)the first regulations under section 52(12) (meaning of references to business failure);                  

(g)the first regulations under section 53(1) (criteria for application of market oversight regime);                  

(h)the first regulations under section 53(4) (disapplication of market oversight regime in particular cases);                  

(i)the first regulations under section 62(2) (exercise of power to meet child's carer's needs for support);                  

(j)the first regulations under section 72 (Part 1 appeals);                  

(k)subsequent regulations under that section which include provision that amends or repeals a provision of an Act of Parliament,                        or provides for a provision of an Act of Parliament to apply with modifications;                  

(l)an order under section 79(9) (delegation of local authority functions);                  

(m)regulations under section 92 (offence of supplying etc false or misleading information);                  

(n)an order under section 123 (consequential provision) which includes provision that amends or repeals a provision of an Act                        of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;                  

(o)regulations under paragraph 18 of Schedule 7 (fees chargeable by the HRA).                  

(5)Subsection (4) does not apply to a statutory instrument which contains regulations or an order within paragraph (e), (k) or                        (n) of that subsection, if the regulations or order are within the paragraph in question only because they include provision                        that applies an Act of Parliament with modifications for the purpose of making saving, transitional or transitory provision.                  

(6)Subsection (3) does not apply to—                  

(a)an order under section 96 (transfer order to new HEE);                  

(b)an order under section 109 (transfer order to new HRA);                  

(c)an order under section 124 (transitional etc. provision);                  

(d)an order under section 127 (commencement).                  

(7)A power to make regulations or an order under this Act—                  

(a)may be exercised for all cases to which the power applies, for those cases subject to specified exceptions, or for any specified                        cases or descriptions of case,                  

(b)may be exercised so as to make, for the cases for which it is exercised—                  

(i)the full provision to which the power applies or any less provision (whether by way of exception or otherwise);                  

(ii)the same provision for all cases for which the power is exercised, or different provision for different cases or different                        descriptions of case, or different provision as respects the same case or description of case for different purposes of this                        Act;                  

(iii)any such provision either unconditionally or subject to specified conditions, and                  

(c)may, in particular, make different provision for different areas.                  

(8)A power to make regulations or an order under this Act (other than the power to make an order under section 124 or 127) includes                        —                  

(a)power to make incidental, supplementary, consequential, saving, transitional or transitory provision, and                  

(b)power to provide for a person to exercise a discretion in dealing with a matter.                  

(9)Before making regulations under section 52(12) (meaning of references to business failure), the Secretary of State must consult                        the Welsh Ministers and the Department for Health, Social Services and Public Safety in Northern Ireland.                  

### 126General interpretationU.K.

In this Act—
          -  “devolved authority” means the Scottish Ministers, the Welsh Ministers or the Department for Health, Social Services and Public Safety in Northern                           Ireland,                         
          -  “devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly,                         
          -  “enactment” includes—                          (a)
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
(b)
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National                                    Assembly for Wales or Northern Ireland legislation,                                 
 
          -  “financial year” means a period of 12 months ending with 31 March (but see also the definition of that expression in paragraph 3 of Schedule                           2, paragraph 19 of Schedule 5 and paragraph 19 of Schedule 7), and                         
          -  “the health service” means the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.                         

### 127CommencementU.K.

(1)The provisions of Parts 1 to 4 come into force on such day as the Secretary of State may by order appoint.                  

(2)The provisions of this Part come into force on the day on which this Act is passed.                  

(3)Before making an order under this section bringing section 50 (provider failure: temporary duty on local authority in Wales                        in cross-border cases) or 75 (after-care under the Mental Health Act 1983) into force, the Secretary of State must obtain                        the consent of the Welsh Ministers.                  

(4)Before making an order under this section bringing section 51 (provider failure: temporary duty on Health and Social Care                        trusts in cross-border cases) into force, the Secretary of State must obtain the consent of the Department for Health, Social                        Services and Public Safety in Northern Ireland.                  

(5)Different days may be appointed under subsection (1) for different purposes (including different areas).                  

### 128Extent and applicationU.K.

(1)This Act extends to England and Wales only, subject to subsections (2) and (3).                  

(2)Any amendment, repeal or revocation made by this Act has the same extent as the enactment being amended, repealed or revoked,                        other than the amendment made by section 66(3) which extends to England and Wales only.                  

(3)The following also extend to Scotland and Northern Ireland—                  

(a)section 39(8) and Schedule 1 (cross-border placements);                  

(b)sections 49 to 52 (provider failure: temporary duty in relation to cross-border cases);                  

(c)section 73 (Human Rights Act 1998: provision of regulated care or support etc a public function);                  

(d)Chapter 2 of Part 3 (the HRA);                  

(e)section 118 (transfer orders), so far as relating to section 109 (the HRA);                  

(f)section 119 (Chapters 1 and 2 of Part 3: interpretation and supplementary provision);                  

(g)this Part;                  

(h)paragraph 17 of Schedule 5 (arrangements between HEE and devolved authorities) and section 96(2) so far as relating to that                        paragraph.                  

(4)The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly,                        have effect with such modifications as may be specified.                  

### 129Short titleU.K.

This Act may be cited as the Care Act 2014.

# SCHEDULES

 Section 39

## SCHEDULE 1U.K.Cross-border placements

### Placements from England to Wales, Scotland or Northern IrelandU.K.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Placements from Wales to England, Scotland or Northern IrelandU.K.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Placements from Scotland to England, Wales or Northern IrelandU.K.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Placements from Northern Ireland to England, Wales or ScotlandU.K.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Dispute resolutionU.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Financial adjustmentsU.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Provision of NHS accommodation not to affect deemed ordinary residence etc.U.K.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Prospective

### Direct paymentsU.K.

9(1)Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where accommodation                           in England, Wales, Scotland or Northern Ireland is provided for an adult by means of direct payments made by an authority                           in another of the territories.U.K.

(2)The reference in sub-paragraph (1) to direct payments accordingly includes a reference to direct payments made—

(a)under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014,

(b)as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act                           2013, or

(c)by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.

Prospective

### Particular types of accommodationU.K.

10(1)Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where—U.K.

(a)an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified                           in the regulations,

(b)the adult is living in accommodation in England, Wales, Scotland or Northern Ireland that is of a type so specified, and

(c)the adult's needs for care and support are being met by an authority in another of the territories providing or arranging                           for the provision of services other than the accommodation.

(2)In section 5 of the Community Care and Health (Scotland) Act 2002 (the title to which becomes “ Local authority arrangements for residential accommodation etc. outwith Scotland ”), in subsection (1), at the end insert “ or for the provision in England and Wales or in Northern Ireland of a service or facility of such other description as may                              be specified in the regulations ”.

### RegulationsU.K.

11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### InterpretationU.K.

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Consequential provisionU.K.

13U.K.In section 194 of the Social Services and Well-being (Wales) Act 2014 (ordinary residence), at the end insert—

“(8)For provision about cross-border placements to and from England, Scotland or Northern Ireland, see Schedule 1 to the Care                           Act 2014.                  

(8)Am ddarpariaeth ynghylch lleoliadau trawsffiniol i Loegr, yr Alban neu Ogledd Iwerddon neu o Loegr, yr Alban neu Ogledd Iwerddon,                           gweler Atodlen 1 i Ddeddf Gofal 2014.”                  

### Transitory provisionU.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

 Section 43

## SCHEDULE 2E+WSafeguarding Adults Boards

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 Section 74

## SCHEDULE 3E+WDischarge of hospital patients with care and support needs

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

 Section 75

## SCHEDULE 4E+W

### **PART 1**E+WAfter-care under the Mental Health Act 1983: direct payments

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### **PART 2**E+WProvision to be inserted in Social Services and Well-Being (Wales) Act 2014

Prospective

#### 

 Section 96

## SCHEDULE 5U.K.Health Education England

### **PART 1**E+WConstitution

#### MembershipE+W

1(1)HEE consists of—E+W

(a)a chair appointed by the Secretary of State,

(b)six other members appointed by the Secretary of State,

(c)a chief executive appointed by the members appointed under paragraphs (a) and (b), and

(d)no more than four other members appointed by the members appointed under paragraphs (a) and (b).

(2)The members appointed under sub-paragraph (1)(a) and (b)—

(a)are not employees of HEE, and

(b)are referred to in this Schedule as the “non-executive members”.

(3)The members appointed under sub-paragraph (1)(c) and (d)—

(a)are employees of HEE, and

(b)are referred to in this Schedule as the “executive members”.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Non-executive members: terms of officeE+W

3(1)A person holds office as a non-executive member of HEE on the terms of that person's appointment.E+W

(2)A person may not be appointed as a non-executive member for a period of more than four years.

(3)A person who ceases to be a non-executive member is eligible for re-appointment.

(4)A person may resign from office as a non-executive member by giving notice to the Secretary of State.

(5)The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—

(a)incapacity;

(b)misbehaviour;

(c)failure to carry out his or her duties as a non-executive member.

(6)The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State                        that there are or may be grounds to remove that person from office under sub-paragraph (5).

#### Non-executive members: suspension from officeE+W

4(1)Having decided to suspend a person under paragraph 3(6), the Secretary of State must give notice of the decision to the person;                        and the suspension takes effect when the person receives the notice.E+W

(2)The notice may be—

(a)delivered in person (in which case the person is taken to receive it when it is delivered), or

(b)sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third                        day after the day on which it is posted).

(3)The initial period of suspension must not exceed six months.

(4)The Secretary of State may review the suspension.

(5)The Secretary of State—

(a)must review the suspension, if requested in writing by the person to do so, but

(b)need not review the suspension less than three months after the beginning of the initial period of suspension.

(6)Following a review during a period of suspension, the Secretary of State may—

(a)revoke the suspension, or

(b)suspend the person for a period of no more than six months from the expiry of the current period.

(7)The Secretary of State must revoke the suspension if the Secretary of State—

(a)decides that there are no grounds to remove the person from office under paragraph 3(5), or

(b)decides that there are grounds to do so but nonetheless decides not to do so.

5(1)Where a person is suspended from office as the chair under paragraph 3(6), the Secretary of State may appoint a non-executive                        member as interim chair to exercise the chair's functions.E+W

(2)Appointment as interim chair is for a term not exceeding the shorter of—

(a)the period ending with either—

(i)the appointment of a new chair, or

(ii)the revocation or expiry of the existing chair's suspension, and

(b)the remainder of the interim chair's term as a non-executive member.

(3)A person who ceases to be the interim chair is eligible for re-appointment.

#### Non-executive members: payE+W

6(1)HEE must pay its non-executive members such remuneration as the Secretary of State may decide.E+W

(2)HEE must pay, or provide for the payment of, such allowances or gratuities as the Secretary of State may decide to a person                        who is or has been a non-executive member of HEE.

#### Employees: terms of officeE+W

7(1)Each executive member of HEE is appointed as an employee of HEE on such terms as it decides.E+W

(2)A person may not be appointed as chief executive without the consent of the Secretary of State.

(3)HEE may appoint, on such terms as it decides, other persons as employees of HEE (in addition to those appointed as executive                        members).

#### Employees: payE+W

8(1)HEE must pay its employees such remuneration as it decides.E+W

(2)HEE may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect of a person                        who is or has been an employee of HEE.

(3)Before making a decision about pay under this paragraph, HEE must obtain the approval of the Secretary of State to its policy                        on the matter.

#### Committees and sub-committeesE+W

9(1)HEE may appoint committees and sub-committees.E+W

(2)A committee or sub-committee may consist of or include persons who are not members or employees of HEE.

(3)HEE may pay such remuneration and allowances as it decides to a person who is a member of a committee (including a committee                        which HEE is required to appoint under section 103(1) (LETBs)) or sub-committee, but is not an employee of HEE, regardless                        of whether the person is a non-executive member of HEE.

(4)Any committees and sub-committees of the Special Health Authority called Health Education England in existence immediately                        before its abolition are to become respectively committees and sub-committees of HEE (and are to be treated as appointed under                        this paragraph).

#### ProcedureE+W

10(1)HEE may regulate its own procedure.E+W

(2)A vacancy among the members of HEE, or a defect in the appointment of a member, does not affect the validity of any act of                        HEE.

#### Seal and evidenceE+W

11(1)The application of HEE's seal must be authenticated by the signature of a member of HEE or a person who has been authorised                        (whether generally or specifically) for the purpose.E+W

(2)A document purporting to be duly executed under HEE's seal or to be signed on its behalf must be received in evidence and,                        unless the contrary is proved, taken to be so executed or signed.

(3)But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

#### Status of HEEE+W

12(1)HEE is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown.E+W

(2)HEE's property is not to be regarded as property of, or property held on behalf of, the Crown.

### **PART 2**U.K.Functions

#### Exercise of functionsE+W

13(1)HEE must exercise its functions effectively, efficiently and economically.E+W

(2)HEE may arrange for any of its committees, sub-committees or members or any other person to exercise any of its functions                        on its behalf (but see sub-paragraph (5)).

(3)HEE may arrange for any person to help it to exercise its functions (whether in a particular case or in cases of a particular                        description).

(4)Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the persons with                        whom HEE makes the arrangements.

(5)HEE may not arrange for a committee which is not an LETB, or for a sub-committee, member or any other person, to exercise                        a function which is exercisable by an LETB.

(6)HEE may in any way it thinks appropriate involve health care workers, persons to whom health services are provided or carers                        for such persons, in decisions it makes about the exercise of its functions; and “carer” means an adult who provides or intends to provide care for another person.

(7)HEE may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the exercise                        of its functions.

(8)In section 247C of the National Health Service Act 2006 (Secretary of State's duty to keep health service functions of certain                        bodies under review), in subsection (2), after paragraph (e) insert—

“(ea)Health Education England;”.                  

#### Help or advice for other public authoritiesE+W

14(1)HEE may provide help or advice to another public authority for the purpose of the exercise by that authority of its functions.E+W

(2)Help or advice under this paragraph may be provided on such terms as HEE decides (including terms relating to payment of remuneration                        or allowances).

(3)“Public authority”—

(a)includes any person certain of whose functions are functions of a public nature, but

(b)does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4)A reference to a public authority—

(a)includes a public authority in the Channel Islands or the Isle of Man, but

(b)subject to that, does not include a reference to a public authority outside the United Kingdom.

#### Co-operationE+W

15(1)HEE must, in the exercise of its functions, co-operate with the Secretary of State in the exercise of the Secretary of State's                        public health functions (as defined by section 1H of the National Health Service Act 2006).E+W

(2)In section 72 of that Act (co-operation between NHS bodies), after subsection (3) insert—

“(4)For the purposes of this section, Health Education England is an NHS body.”                  

(3)In section 290(3) of the Health and Social Care Act 2012 (bodies which must co-operate with Monitor and the Care Quality Commission                        in the exercise of their functions), after paragraph (c) (but before the following “and”) insert—

“(ca)Health Education England,”.                  

(4)Regulations may require HEE and a specified person to co-operate with each other in the exercise of their respective functions                        or such of their functions as are specified.

#### NHS contractsE+W

16E+WIn section 9(4) of the National Health Service Act 2006 (NHS contracts: health service bodies), after paragraph (kb) insert—

“(kc)Health Education England,”.                  

#### Arrangements with devolved authoritiesU.K.

17(1)HEE may arrange with a devolved authority for HEE—U.K.

(a)to exercise on behalf of the devolved authority any function which corresponds to a function of HEE;

(b)to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such                        a function.

(2)The terms and conditions on which arrangements under this paragraph may be made include provision for payment to HEE in respect                        of its costs in giving effect to the arrangements.

#### Failure to exercise functionsE+W

18(1)If the Secretary of State considers that HEE is failing or has failed to exercise any of its functions, and that the failure                        is significant, the Secretary of State may direct HEE to exercise such of its functions, in such manner and within such period,                        as the direction specifies.E+W

(2)If HEE fails to comply with a direction under this section, the Secretary of State may—

(a)exercise the functions specified in the direction, or

(b)make arrangements for some other person to exercise them on the Secretary of State's behalf.

(3)Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish the reasons                        for doing so.

(4)The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it properly.

### **PART 3**E+WFinance and reports

#### FundingE+W

19(1)The Secretary of State must pay HEE for each financial year sums not exceeding the amount the Secretary of State has allotted                        for that year towards meeting the expenditure that is attributable to HEE's exercise of its functions in that year.E+W

(2)An amount is to be regarded as allotted when the Secretary of State notifies HEE accordingly.

(3)The Secretary of State may make a new allotment under this paragraph increasing or decreasing the allotment previously made,                        but only if—

(a)HEE agrees,

(b)a parliamentary general election takes place, or

(c)the Secretary of State considers that exceptional circumstances make a new allotment necessary.

(4)The Secretary of State may give directions to HEE about the payment by it to the Secretary of State of sums in respect of                        charges or other amounts relating to the valuation or disposal of assets.

(5)Sums payable to HEE under this paragraph are payable subject to such conditions as to records, certificates or otherwise as                        the Secretary of State may decide.

(6)In this Part of this Schedule, “financial year” includes the period—

(a)beginning with the day on which HEE is established, and

(b)ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the 31 March following                        that date.

#### Financial duties: expenditureE+W

20(1)HEE must ensure that total expenditure attributable to its exercise of its functions in each financial year (its “total spending”)                        does not exceed the aggregate of—E+W

(a)the amount allotted to it for that year under paragraph 19,

(b)the income generated in that year from carrying out activities for the purposes of or in connection with the exercise of its                        functions, and

(c)any other sums received by it in that year for the purpose of enabling it to meet such expenditure.

(2)The Secretary of State may direct that spending of a specified description is, or is not, to be treated for the purposes of                        sub-paragraph (1) as part of HEE's total spending.

(3)The Secretary of State may by directions determine—

(a)the extent to which, and circumstances in which, sums received by HEE under paragraph 19 but not yet spent are to be treated                        for the purposes of sub-paragraph (1) as part of HEE's total spending, and

(b)to which financial year those sums are to be attributed.

(4)The Secretary of State may direct HEE to use specified banking facilities for specified purposes.

#### Financial duties: use of generated incomeE+W

21E+WWhere HEE generates income from carrying out activities for the purposes of or in connection with the exercise of its functions,                        it must ensure that the income is used for exercising its functions.

#### Financial duties: controls on total resource useE+W

22(1)HEE must ensure that—E+W

(a)its use of capital resources in a financial year does not exceed the amount specified by the Secretary of State, and

(b)its use of revenue resources in a financial year does not exceed the amount specified by the Secretary of State.

(2)The Secretary of State may, in relation to a financial year, direct that for the purposes of this paragraph—

(a)resources of a specified description are, or are not, to be treated as capital resources or revenue resources;

(b)a specified use of capital resources or revenue resources is, or is not, to be taken into account.

(3)An amount specified for the purposes of sub-paragraph (1)(a) or (b) may be varied only if—

(a)HEE agrees,

(b)a parliamentary general election takes place, or

(c)the Secretary of State considers that exceptional circumstances make the variation necessary.

(4)A reference to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction                        in value.

#### Financial duties: additional controls on resource useE+W

23(1)The Secretary of State may direct HEE to ensure that—E+W

(a)total capital resource use in a financial year which is attributable to specified matters does not exceed a specified amount,

(b)total revenue resource use in a financial year which is attributable to specified matters does not exceed a specified amount,                        and

(c)total revenue resource use in a financial year which is attributable to specified matters relating to administration does                        not exceed a specified amount.

(2)The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources or revenue                        resources which are, or are not, to be taken into account for the purposes of sub-paragraph (1)(a), (b) or (c) (as the case                        may be).

(3)The Secretary of State may not give a direction under sub-paragraph (1)(a) or (b) unless the direction is for the purpose                        of complying with a limit imposed by the Treasury.

#### Losses and liabilities etcE+W

24(1)Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities                        from personal liability) has effect as if there were included in the authorities referred to in that section a reference to                        HEE.E+W

(2)In its application to HEE as a result of sub-paragraph (1), section 265 of that Act has effect as if any reference in that                        section to that Act were a reference to this Act.

(3)In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health                        service bodies: bodies eligible to participate), after paragraph (db) insert—

“(dc)Health Education England,”.                  

#### AccountsE+W

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Annual accountsE+W

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Interim accountsE+W

27(1)The Secretary of State may, with the approval of the Treasury, direct HEE to prepare accounts in respect of such period or                        periods as are specified in the direction (“interim accounts”).E+W

(2)The interim accounts in respect of any period must include—

(a)the accounts of each LETB in respect of that period, and

(b)the accounts of each other committee of HEE in respect of that period.

(3)HEE must send copies of any interim accounts to—

(a)the Secretary of State, and

(b)if the Secretary of State directs, the Comptroller and Auditor General,

within such period as the Secretary of State may direct.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on any interim accounts sent under sub-paragraph (3)(b),

(b)if the Secretary of State directs, send a copy of the report on the accounts to the Secretary of State, and

(c)if the Secretary of State directs, lay copies of the accounts and the report on them before Parliament.

#### Annual reportE+W

28(1)As soon as is feasible after the end of each financial year, HEE must prepare an annual report on how it has exercised its                        functions during the year.E+W

(2)The report must include, in particular, HEE's assessment of—

(a)the extent to which is has during the year—

(i)achieved the objectives and reflected the priorities set by the Secretary of State for the purposes of section 100(1); and

(ii)achieved the outcomes set by the Secretary of State for the purposes of section 100(2); and

(b)how effectively it discharged its duties under this Act or under regulations under this Act.

(3)HEE must—

(a)lay a copy of the report before Parliament, and

(b)send a copy of it to the Secretary of State.

(4)HEE must provide the Secretary of State with such other reports and information relating to the exercise of its functions                        as the Secretary of State may request.

### **PART 4**E+WConsequential amendments

#### Public Records Act 1958E+W

29E+WIn Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert— “ Health Education England. ”

#### Public Bodies (Admission to Meetings) Act 1960E+W

30E+WIn the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bl) insert—

“(bm)Health Education England;”.                  

#### Parliamentary Commissioner Act 1967E+W

31E+WIn Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert— “ Health Education England ”.

#### House of Commons Disqualification Act 1975E+W

32E+WIn Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ Health Education England. ”

#### Copyright, Designs and Patents Act 1988E+W

33E+WIn section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “the Care Quality Commission”                        insert “ , Health Education England ”.

#### Freedom of Information Act 2000E+W

34E+WIn Part 3 of Schedule 1 to the Freedom of Information Act 2000 (health service), at the appropriate place insert— “ Health Education England. ”

#### Equality Act 2010E+W

35E+WIn Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of                        entries under the heading “Health, social care and social security”, before the entry for the Health Service Commissioner                        for England, insert— “ Health Education England. ”

 Section 104

## SCHEDULE 6E+WLocal Education and Training Boards

### The area for which an LETB is appointedE+W

1(1)HEE must ensure that the areas of LETBs—E+W

(a)do not coincide or overlap, and

(b)together cover the whole of England.

(2)HEE may vary the area of an LETB.

(3)HEE must—

(a)keep an up-to-date record of the area of each LETB, and

(b)publish the record.

### Assessment of whether the appointment criteria are being met in relation to LETBsE+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Publication and review of the appointment criteriaE+W

3(1)HEE must publish the appointment criteria; but before doing so it must obtain the approval of the Secretary of State.E+W

(2)HEE must keep the appointment criteria under review and may revise them; and the duty to obtain approval under sub-paragraph                        (1) applies to revised criteria only in so far as HEE considers the revisions significant.

### Exercise of functionsE+W

4(1)Regulations may—E+W

(a)give LETBs additional functions relating to the provision of education and training for health care workers or to the planning                        of its provision;

(b)impose requirements on LETBs relating to how they exercise functions.

(2)An LETB may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the exercise                        of its functions.

(3)If HEE considers that an LETB is failing or has failed to exercise a function, or that there is a significant risk that it                        will fail to do so, HEE must direct the LETB to exercise such function within such period, and in such manner, as the direction                        specifies.

(4)If an LETB fails to comply with a direction under sub-paragraph (3), HEE may take action under one or more of paragraphs (a)                        to (c) of paragraph 2(4) (with paragraph 2(5) to (7) applying accordingly).

(5)The reference in sub-paragraph (3) to exercising a function includes a reference to exercising it properly.

 Section 109

## SCHEDULE 7U.K.The Health Research Authority

### **PART 1**U.K.Constitution

#### MembershipU.K.

1(1)The HRA consists of—U.K.

(a)a chair appointed by the Secretary of State,

(b)at least three but no more than four other members appointed by the Secretary of State,

(c)a chief executive appointed by the members appointed under paragraphs (a) and (b), and

(d)at least two but no more than three other members appointed by the members appointed under paragraphs (a) and (b).

(2)The members appointed under sub-paragraph (1)(a) and (b)—

(a)are not employees of the HRA, and

(b)are referred to in this Schedule as the “non-executive members”.

(3)The members appointed under sub-paragraph (1)(c) and (d)—

(a)are employees of the HRA, and

(b)are referred to in this Schedule as the “executive members”.

(4)The number of non-executive members must exceed the number of executive members.

#### Non-executive members: terms of officeU.K.

2(1)A person holds office as a non-executive member of the HRA on the terms of that person's appointment.U.K.

(2)A person may not be appointed as a non-executive member for a period of more than four years.

(3)A person who ceases to be a non-executive member is eligible for re-appointment.

(4)A person may resign from office as a non-executive member by giving notice to the Secretary of State.

(5)The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—

(a)incapacity;

(b)misbehaviour;

(c)failure to carry out his or her duties as a non-executive member.

(6)The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State                        that there are or may be grounds to remove that person from office under sub-paragraph (5).

#### Non-executive members: suspension from officeU.K.

3(1)Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the decision to the person;                        and the suspension takes effect when the person receives the notice.U.K.

(2)The notice may be—

(a)delivered in person (in which case the person is taken to receive it when it is delivered), or

(b)sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third                        day after the day on which it is posted).

(3)The initial period of suspension must not exceed six months.

(4)The Secretary of State may review the suspension.

(5)The Secretary of State—

(a)must review the suspension, if requested in writing by the person to do so, but

(b)need not review the suspension less than three months after the beginning of the initial period of suspension.

(6)Following a review during a period of suspension, the Secretary of State may—

(a)revoke the suspension, or

(b)suspend the person for a period of no more than six months from the expiry of the current period.

(7)The Secretary of State must revoke the suspension if the Secretary of State—

(a)decides that there are no grounds to remove the person from office under paragraph 2(5), or

(b)decides that there are grounds to do so but nonetheless decides not to do so.

4(1)Where a person is suspended from office as the chair under paragraph 2(6), the Secretary of State may appoint a non-executive                        member as interim chair to exercise the chair's functions.U.K.

(2)Appointment as interim chair is for a term not exceeding the shorter of—

(a)the period ending with either—

(i)the appointment of a new chair, or

(ii)the revocation or expiry of the existing chair's suspension, and

(b)the remainder of the interim chair's term as a non-executive member.

(3)A person who ceases to be the interim chair is eligible for re-appointment.

#### Non-executive members: payU.K.

5(1)The HRA must pay its non-executive members such remuneration as the Secretary of State may decide.U.K.

(2)The HRA must pay, or provide for the payment of, such allowances or gratuities as the Secretary of State may decide to a person                        who is or has been a non-executive member of the HRA.

#### Employees: terms of officeU.K.

6(1)Each executive member of the HRA is appointed as an employee of the HRA on such terms as it decides.U.K.

(2)A person may not be appointed as chief executive without the consent of the Secretary of State.

(3)The HRA may appoint, on such terms as it decides, other persons as employees of the HRA (in addition to those appointed as                        executive members).

#### Employees: payU.K.

7(1)The HRA must pay its employees such remuneration as it decides.U.K.

(2)The HRA may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect of                        a person who is or has been an employee of the HRA.

(3)Before making a decision about pay under this paragraph, the HRA must obtain the approval of the Secretary of State to its                        policy on the matter.

#### Committees and sub-committeesU.K.

8(1)The HRA must appoint a committee for the purpose of giving advice—U.K.

(a)to the HRA in connection with the exercise of the HRA's function under regulation 5(1)(a) of the Health Service (Control of                        Patient Information) Regulations 2002 (S.I. 2002/1438) (approval for processing confidential patient information);

(b)to the Secretary of State in connection with the exercise of the Secretary of State's functions under regulations 2, 3(4)                        and 5 of those Regulations (processing of confidential patient information);

(c)to the Health and Social Care Information Centre in connection with—

(i)the exercise by the Centre of functions conferred in regulations under section 251 of the National Health Service Act 2006                        (processing of patient information for medical purposes);

(ii)any publication or other dissemination by the Centre of information which is in a form which identifies an individual to whom                        the information relates or enables the identity of such an individual to be ascertained.

(2)The HRA may appoint other committees and sub-committees.

(3)The committee appointed under sub-paragraph (1) must consist of persons who are not members or employees of the HRA.

(4)Any other committee or sub-committee may consist of or include such persons.

(5)The HRA may pay such remuneration and allowances as it decides to a person who is a member of a committee or sub-committee,                        but is not an employee of the HRA, regardless of whether the person is a non-executive member of the HRA.

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### ProcedureU.K.

10(1)The HRA may regulate its own procedure.U.K.

(2)A vacancy among the members of the HRA, or a defect in the appointment of a member, does not affect the validity of any act                        of the HRA.

#### Seal and evidenceU.K.

11(1)The application of the HRA's seal must be authenticated by the signature of a member of the HRA or a person who has been authorised                        (whether generally or specifically) for the purpose.U.K.

(2)A document purporting to be duly executed under the HRA's seal or to be signed on its behalf must be received in evidence                        and, unless the contrary is proved, taken to be so executed or signed.

(3)But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

#### Status of the HRAU.K.

12(1)The HRA is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the                        Crown.U.K.

(2)The HRA's property is not to be regarded as property of, or property held on behalf of, the Crown.

### **PART 2**U.K.Functions

#### Exercise of functionsU.K.

13(1)The HRA must exercise its functions effectively, efficiently and economically.U.K.

(2)The HRA may arrange for any of its committees, sub-committees or members or any other person (other than a devolved authority)                        to exercise any of its functions on its behalf.

(3)The HRA may arrange for any person to help it in the exercise of its functions (whether in a particular case or in cases of                        a particular description).

(4)Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the persons with                        whom the HRA makes the arrangements.

(5)The HRA may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the exercise                        of its functions.

#### Help or advice for other public authoritiesU.K.

14(1)The HRA may provide help or advice to another public authority for the purpose of the exercise by that authority of its functions.U.K.

(2)Help or advice under this paragraph may be provided on such terms as the HRA decides (including terms relating to payment                        of remuneration and allowances).

(3)“Public authority”—

(a)includes any person certain of whose functions are functions of a public nature, but

(b)does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4)A reference to a public authority—

(a)includes a public authority in the Channel Islands or the Isle of Man, but

(b)subject to that, does not include a reference to a public authority outside the United Kingdom.

#### Arrangements with devolved authoritiesU.K.

15(1)The HRA may arrange with a devolved authority for the HRA—U.K.

(a)to exercise on behalf of the devolved authority any function which corresponds to a function of the HRA;

(b)to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such                        a function.

(2)The terms and conditions on which arrangements under this paragraph may be made include provision for payment to the HRA in                        respect of its costs in giving effect to the arrangements.

#### Failure to exercise functionsU.K.

16(1)If the Secretary of State considers that the HRA is failing or has failed to exercise any of its functions, and that the failure                        is significant, the Secretary of State may direct the HRA to exercise such of its functions, in such manner and within such                        period, as the direction specifies.U.K.

(2)If the HRA fails to comply with a direction under this paragraph, the Secretary of State may—

(a)exercise the functions specified in the direction, or

(b)make arrangements for some other person to exercise them on the Secretary of State's behalf.

(3)Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish the reasons                        for doing so.

(4)The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it properly.

### **PART 3**U.K.Finance and reports

#### FundingU.K.

17U.K.The Secretary of State may, with the consent of the Treasury, make payments to the HRA at such times and on such conditions                        (if any) as the Secretary of State considers appropriate.

#### Fees and indemnitiesU.K.

18(1)Regulations may require payment of a fee in relation to the exercise of a specified function of the HRA; and the amount of                        the fee is to be the amount specified in, or determined in accordance with, the regulations.U.K.

(2)Where the amount of a fee is to be specified in regulations under this paragraph—

(a)the Secretary of State must, before specifying the amount of the fee, have regard to the cost incurred in the exercise of                        the function to which the fee relates, and

(b)the HRA must provide the Secretary of State with such information, in such form, as the Secretary of State may request.

(3)Regulations under this paragraph may require the HRA to determine the amount of a fee; and, where they do so, the regulations—

(a)must require the HRA, before determining the amount of the fee, to have regard to the cost incurred in the exercise of the                        function to which the fee relates, and

(b)must require the HRA to obtain the approval of the Secretary of State to the proposed amount of the fee.

(4)Regulations under this paragraph which provide for the amount of a fee to be determined may specify factors in accordance                        with which it is to be determined.

(5)Regulations under this paragraph may include provision—

(a)for determining the time by which a fee is payable;

(b)for any unpaid balance to be recoverable as a debt due to the HRA (but for this not to affect any other method of recovery).

(6)Before making regulations under this paragraph, the Secretary of State must consult such persons as the Secretary of State                        considers appropriate.

(7)Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities                        from personal liability) has effect as if there were included in the authorities referred to in that section a reference to                        the HRA.

(8)In its application to the HRA as a result of sub-paragraph (7), section 265 of that Act has effect as if any reference in                        that section to that Act were a reference to this Act.

(9)In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc. of certain health                        service bodies), after paragraph (f) insert—

“(fa)the Health Research Authority;”.                  

#### AccountsU.K.

19(1)The HRA must keep accounts in such form as the Secretary of State may determine.U.K.

(2)The HRA must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The HRA must send copies of the annual accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the annual accounts, and

(b)lay copies of them and the report on them before Parliament.

(5)In this paragraph and paragraph 20, “financial year” includes the period—

(a)beginning with the day on which the HRA is established, and

(b)ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the 31 March following                        that date.

#### Annual reportU.K.

20(1)As soon as is feasible after the end of each financial year, the HRA must prepare an annual report on—U.K.

(a)the activities it has undertaken during the year, and

(b)the activities it proposes to undertake during the current financial year.

(2)The report must set out the steps the HRA has taken during the year to fulfil its main objective (see section 110(2)).

(3)The HRA must—

(a)lay a copy of the report before Parliament, and

(b)send a copy of it to the Secretary of State.

(4)The HRA must provide the Secretary of State with such other reports and information relating to the exercise of its functions                        as the Secretary of State may request.

### **PART 4**U.K.Consequential amendments

#### Public Records Act 1958U.K.

21U.K.In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert— “ Health Research Authority. ”

#### Public Bodies (Admission to Meetings) Act 1960U.K.

22U.K.In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bm) (inserted by paragraph 30 of Schedule                        5 to this Act) insert—

“(bn)the Health Research Authority;”.                  

#### Parliamentary Commissioner Act 1967U.K.

23U.K.In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert— “ Health Research Authority. ”

#### House of Commons Disqualification Act 1975U.K.

24U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ The Health Research Authority. ”

#### Copyright, Designs and Patents Act 1988U.K.

25U.K.In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “Health Education England”                        (inserted by paragraph 33 of Schedule 5 to this Act) insert “ , the Health Research Authority ”.

#### Freedom of Information Act 2000U.K.

26U.K.In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert— “ The Health Research Authority. ”

#### Equality Act 2010U.K.

27U.K.In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of                        entries under the heading “Health, social care and social security”, after the entry for Health Education England (inserted                        by paragraph 35 of Schedule 5 to this Act) insert— “ The Health Research Authority. ”

 Section 113

## SCHEDULE 8U.K.Research ethics committees: amendments

### Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)U.K.

1U.K.In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059), in the definition of “ethics                        committee”—

(a)omit paragraph (a), and

(b)for paragraph (c) substitute—

“(c)a research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care Act                           2014, or                  

(d)any other group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                           by or on behalf of the Welsh Ministers or the Scottish Ministers;”.                  

### Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)U.K.

2U.K.In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194), for the                        definition of “ethics committee” substitute—

““ethics committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                        by or on behalf of the Department;”.                  

### Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)U.K.

3U.K.In regulation 1(2) of the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438), for the definition                        of “research ethics committee” substitute—

““research ethics committee” means—                  

(a)a research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care Act                           2014, or                  

(b)any other group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                           by or on behalf of the Welsh Ministers.”                  

### Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160)U.K.

4U.K.In regulation 2(1) of the Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160), for the definition of “ethics                        committee” substitute—

““ethics committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                        by or on behalf of the Department of Health, Social Services and Public Safety;”.                  

### Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161)U.K.

5U.K.In regulation 2(1) of the Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161), for the definition of                        “ethics committee” substitute—

““ethics committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                        by or on behalf of the Department of Health, Social Services and Public Safety;”.                  

### Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174)U.K.

6U.K.In regulation 2(1) of the Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174), for the definition                        of “ethics committee” substitute—

““ethics committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                        by or on behalf of the Department of Health, Social Services and Public Safety;”.                  

### Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order 2006                        (S.S.I. 2006/310)U.K.

7U.K.In article 1(2) of the Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes)                        (Scotland) Order 2006 (S.S.I. 2006/310), for the definition of “appropriate Research Ethics Committee” substitute—

““appropriate Research Ethics Committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                        by or on behalf of the Scottish Ministers;”.                  

### Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations                        2006 (S.I. 2006/1260)U.K.

8U.K.In regulation 1(2) of the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about                        Transplants) Regulations 2006 (S.I. 2006/1260), for the definition of “research ethics authority” substitute—

““research ethics authority” means—                  

(a)a research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care Act                           2014, or                  

(b)any other group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                           by or on behalf of the Welsh Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.”                  

### Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810)U.K.

9U.K.In regulation 2 of the Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810) (definition                        of “appropriate body”), for the words from “is a committee” to the end substitute “ is a research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care                           Act 2014. ”

### Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833)U.K.

10U.K.In regulation 2 of the Mental Capacity 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833) (definition of “appropriate                        body”), for the words from “is a committee” to the end substitute “ is a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                           by or on behalf of the Welsh Ministers. ”

### Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 (S.I. 2010/995)U.K.

11U.K.In regulation 2(1) of the Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations                        2010 (S.I. 2010/995), for the definition of “research ethics committee” substitute—

““research ethics committee” means a research ethics committee recognised or established by or on behalf of the Health Research Authority under the Care                        Act 2014;”.                  

### Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734)U.K.

12U.K.In regulation 25 of the Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734) (research), in paragraph (2) for                        the words from “a research ethics committee” to the end substitute “ a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose                           by or on behalf of the Welsh Ministers. ”