Health and Social Care Act 2008
Health and Social Care Act 2008 (2008 c. 14)
- Health and Social Care Act 2008 (2008 c. 14)
- Part 1 The Care Quality Commission
- Chapter 1 Introductory
- 1 The Care Quality Commission
- 2 The Commission's functions
- 3 The Commission's objectives
- 4 Matters to which the Commission must have regard
- 5 Statement on user involvement
- 6 Transfers of property, rights and liabilities
- 7 Meaning of “health and social care services” in Chapter 1
- Chapter 2 Registration in respect of provision of health or social care
- Introductory
- 8 “Regulated activity”
- 9 “Health or social care”
- Registration of persons carrying on regulated activities
- 10 Requirement to register as a service provider
- 11 Applications for registration as a service provider
- 12 Grant or refusal of registration as a service provider
- Registration of managers
- 13 Condition requiring registered manager
- 14 Applications for registration as a manager
- 15 Grant or refusal of registration as a manager
- Further provision about registration as a service provider or manager
- 16 Regulations about registration
- 17 Cancellation of registration
- 18 Suspension of registration
- 19 Applications by registered persons
- Regulation, code of practice and guidance
- 20 Regulation of regulated activities
- 20A Functions relating to processing of information by registered persons
- 21 Code of practice relating to health care associated infections
- 21A Learning disability and autism training: code of practice
- 22 Codes of practice: consultation and Parliamentary scrutiny
- 23 Guidance as to compliance with requirements
- 24 Consultation in relation to guidance under s. 23
- 25 Effect of code under s. 21 or 21A and guidance under s. 23
- Registration procedure
- 26 Notice of proposals
- 27 Right to make representations
- 28 Notice of decisions
- 29 Warning notice
- 29A Warning notice: quality of health care
- 30 Urgent procedure for cancellation
- 31 Urgent procedure for suspension, variation etc.
- 32 Appeals to the Tribunal
- Offences
- 33 Failure to comply with conditions
- 34 Offences relating to suspension or cancellation of registration
- 35 Contravention of regulations
- 36 False description of concerns, premises etc.
- 37 False statements in applications
- Information to be available to public
- 38 Provision of copies of registers
- Miscellaneous
- 39 Bodies required to be notified of certain matters
- 40 Periodic returns
- 41 Liquidators etc.
- 42 Death of registered person
- Power to modify provisions of Chapter
- 43 Power to modify Chapter in relation to newly regulated activities
- Interpretation
- 44 Interpretation of Chapter 2
- Chapter 3 Quality of health and social care
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- 45 Standards set by Secretary of State
- Healthwatch England and Local Healthwatch organisations
- 45A Functions to be exercised by Healthwatch England
- 45B Conflicts of interest
- 45C Reports
- 45D Granting licence to use trade mark
- Reviews and investigations
- 46 Reviews and performance assessments : registered service providers
- 46A Reviews and performance assessments: local authorities
- 46B Reviews and performance assessments: integrated care system
- 47 Frequency and period of review
- 48 Special reviews and investigations
- 49 Power to extend periodic review function
- 50 Failings by English local authorities
- 51 Failings by Welsh NHS bodies
- Chapter 4 Functions under Mental Health Act 1983
- 52 Transfer and amendment of functions under Mental Health Act 1983
- Chapter 5 Further functions
- 53 Information and advice
- 54 Studies as to economy, efficiency etc.
- 55 Publication of results of studies under s. 54
- 56 Role of Audit Commission
- 57 Reviews of data, studies and research
- 58 Publication of information
- 59 Additional functions
- Chapter 6 Miscellaneous and General
- Inspections
- 60 Inspections
- 61 Inspections carried out for registration purposes
- Powers of entry etc.
- 62 Entry and inspection
- 63 Entry and inspection: supplementary
- 64 Power to require documents and information etc.
- 65 Power to require explanation
- Interaction with other authorities
- 66 Interaction with other authorities
- 67 Co-ordination of reviews or assessments
- 68 Avoidance of unreasonable burdens in exercise of regulatory powers
- 69 Co-operation between the Commission and Welsh Ministers
- 70 Co-operation between the Commission and NHS England
- 71 Provision of information by Auditor General for Wales
- 72 Provision of material to the Comptroller and Auditor General
- 73 Arrangements with Ministers
- 74 Arrangements with Northern Ireland Ministers
- Inquiries
- 75 Inquiries
- Information
- 76 Disclosure of confidential personal information: offence
- 77 Defence
- 78 Use of information etc.
- 79 Permitted disclosures
- 80 Code of practice on confidential personal information
- Further provisions about functions of Commission
- 81 Publication of programme of reviews etc.
- 82 Failure by the Commission or Healthwatch England in discharge of functions
- 83 Reports for each financial year etc.
- 84 Reports and information
- Fees
- 85 Fees
- Enforcement
- 86 Penalty notices
- 87 Penalty notices: supplementary provision
- 88 Guidance by the Commission in relation to enforcement action
- 89 Publication of information relating to enforcement action etc.
- 90 Proceedings for offences
- 91 Offences by bodies corporate
- 92 Unincorporated associations
- Service of documents
- 93 Service of documents
- 94 Electronic communications
- Further amendments
- 95 Further amendments relating to Part 1
- Crown application
- 96 Application of Part 1 to Crown
- Interpretation
- 97 General interpretation of Part 1
- Part 2 Regulation of health professions and health and social care workforce
- The Office of the Health Professions Adjudicator
- 98. The Office of the Health Professions Adjudicator
- 99. Functions under Medical Act 1983 and Opticians Act 1989
- 100. Fitness to practise panels
- 101. Lists of persons eligible for membership of fitness to practise panels
- 102. Further provisions about listed persons
- 103. Legal assessors
- 104. .Clinical and other specialist advisers
- 105. Procedural rules
- 106. Administration of oaths and issuing of witness summonses etc.
- 107. Duty to inform the public
- 108. Duty to consult
- 109. OHPA rules: supplementary
- 110. Fees payable by General Medical Council and General Optical Council
- Amendments of Part 3 of Health Act 1999
- 111 Extension of powers under s. 60 of Health Act 1999
- 112 Standard of proof in fitness to practise proceedings
- The Council for Healthcare Regulatory Excellence
- 113 The Council for Healthcare Regulatory Excellence
- 114 Constitution etc. of Council
- 115 Powers and duties of Council
- 116 Powers of Secretary of State and devolved administrations
- 117 Duty to inform and consult the public
- 118 Reference of cases by Council to court
- Conduct and performance of medical practitioners and other health care workers
- 119 Responsible officers and their duties relating to medical profession
- 120 Additional responsibilities of responsible officers: England and Wales and Northern Ireland
- 121 Co-operation between prescribed bodies
- 122 Ss. 120 and 121: Crown application
- Hearing Aid Council
- 123 Dissolution of Hearing Aid Council
- Regulation of social care workforce
- 124 Regulation of social care workers: Wales
- 125 Standard of proof in proceedings relating to registration of social care worker
- Approved mental health professionals
- 126 Education and training of approved mental health professionals: Wales
- General
- 127 Further amendments relating to Part 2
- 128 Interpretation of Part 2
- Part 3 Public health protection
- 129 Public health protection
- 130 Further amendments relating to public health protection
- Part 4 Health in pregnancy grant
- England, Wales and Scotland
- 131 Entitlement: Great Britain
- 132 Administration: Great Britain
- 133 Penalty: Great Britain
- Northern Ireland
- 134 Entitlement: Northern Ireland
- 135 Administration: Northern Ireland
- 136 Penalty: Northern Ireland
- 137 Northern Ireland: health in pregnancy grant to be excepted matter
- General and supplementary
- 138 General and supplementary
- Part 5 Miscellaneous
- Amendments relating to National Health Service
- 139 Duty of Primary Care Trusts
- 140 Pharmaceutical services
- 141 Remuneration for persons providing pharmaceutical services
- 142 Indemnity schemes in connection with provision of health services
- Weighing and measuring of children
- 143 Weighing and measuring of children: England
- 144 Weighing and measuring of children: Wales
- Social care
- 145 Human Rights Act 1998: provision of certain social care to be public function
- 146 Direct payments in lieu of provision of care services
- 147 Abolition of maintenance liability of relatives
- 148 Ordinary residence for certain purposes of National Assistance Act 1948 etc.
- Financial assistance related to provision of health or social care services
- 149 Power of Secretary of State to give financial assistance
- 150 Qualifying bodies
- 151 Forms of assistance under s. 149
- 152 Terms on which assistance under s. 149 is given
- 153 Directions to certain NHS bodies
- 154 Arrangements with other third parties
- 155 Power to form company
- 156 Interpretation of group of sections
- National Information Governance Board for Health and Social Care
- 157 National Information Governance Board for Health and Social Care
- 158 Duty to consult Board in relation to regulations about patient information
- Functions of Health Protection Agency in relation to biological substances
- 159 Functions of Health Protection Agency in relation to biological substances
- Further amendments
- 160 Minor and consequential amendments relating to Part 5
- Part 6 General
- 161 Orders, regulations and directions: general provisions
- 162 Orders and regulations: Parliamentary control
- 163 Orders and regulations: control by National Assembly for Wales
- 164 Regulations: control by Northern Ireland Assembly
- 165 Directions
- 166 Repeals
- 167 Power to make transitional and consequential provision etc.
- 168 Financial provisions
- 169 Extent
- 170 Commencement
- 171 The appropriate authority by whom commencement order is made
- 172 Consultation in relation to commencement
- 173 Short title
- SCHEDULES
- SCHEDULE 1 The Care Quality Commission
- Status
- General powers and duties
- Membership
- Chief Inspectors
- Remuneration and allowances for non-executive members
- Employees
- Procedure
- Exercise of functions
- Assistance
- Payments and loans to the Commission
- Accounts
- Seal and evidence
- SCHEDULE 2 Transfers of property and staff etc.
- Transfer schemes
- Transfer
- Employment
- Transitional
- SCHEDULE 3 Amendments of Mental Health Act 1983
- SCHEDULE 4 Interaction with other authorities
- Part 1 Interpretation
- Inspection authorities
- Inspection functions
- Public authorities
- Part 2 Exercise of functions
- Delegation of inspection functions to public authorities
- Inspection programmes and inspection frameworks
- Inspections by other inspectors of activities within Commission's remit
- Co-operation
- Joint action
- Advice or assistance for other public authorities
- Inspections carried out under arrangements
- SCHEDULE 5 Further amendments relating to Part 1
- Part 1 Amendments of Care Standards Act 2000
- Part 2 Amendments of Health and Social Care (Community Health and Standards) Act 2003
- Part 3 Amendments of other Acts
- Prison Act 1952 (c. 52)
- Public Records Act 1958 (c. 51)
- Public Bodies (Admission to Meetings) Act 1960 (c. 67)
- Parliamentary Commissioner Act 1967 (c. 13)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Race Relations Act 1976 (c. 74)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Road Traffic Act 1988 (c. 52)
- Vehicle Excise and Registration Act 1994 (c. 22)
- Police Act 1996 (c. 16)
- Audit Commission Act 1998 (c. 18)
- Local Government Act 1999 (c. 27)
- Crown Prosecution Service Inspectorate Act 2000 (c. 10)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Courts Act 2003 (c. 39)
- Public Audit (Wales) Act 2004 (c. 23)
- Children Act 2004 (c. 31)
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- Education and Inspections Act 2006 (c. 40)
- National Health Service Act 2006 (c. 41)
- National Health Service (Wales) Act 2006 (c. 42)
- NHS Redress Act 2006 (c. 44)
- Safeguarding Vulnerable Groups Act 2006 (c. 47)
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- SCHEDULE 6 The Office of the Health Professions Adjudicator
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- SCHEDULE 7 Adjudication functions under Medical Act 1983 and Opticians Act 1989
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- SCHEDULE 8 Extension of powers under s. 60 of Health Act 1999
- SCHEDULE 9 Regulation of social care workers: Wales
- Interpretation
- Matters generally within the scope of regulations
- Manner of exercise of power
- Matters outside the scope of regulations
- Preliminary procedure for making regulations: England
- Preliminary procedure for making regulations: Wales
- SCHEDULE 10 Further amendments relating to Part 2
- Provision consequential on section 113(1)
- Public Records Act 1958 (c. 51)
- Public Bodies (Admission to Meetings) Act 1960 (c. 67)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Race Relations Act 1976 (c. 74)
- Dentists Act 1984 (c. 24)
- Health Act 1999 (c. 8)
- Freedom of Information Act 2000 (c. 36)
- Nursing and Midwifery Order 2001 (S.I. 2002/253)
- Health Professions Order 2001 (S.I. 2002/254)
- National Health Service Reform and Health Care Professions Act 2002 (c. 17)
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- National Health Service Act 2006 (c. 41)
- National Health Service (Wales) Act 2006 (c. 42)
- National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)
- Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)
- SCHEDULE 11 Public health protection: further amendments
- Introductory
- Local Government, Planning and Land Act 1980 (c. 65)
- Public Health (Control of Disease) Act 1984
- Planning and Compensation Act 1991 (c. 34)
- SCHEDULE 12 Funding of expenditure in connection with provision of pharmaceutical services
- Part 1 England
- Part 2 Wales
- SCHEDULE 13 Transitional provisions relating to s. 147
- Interpretation of Schedule
- Complaints, orders and payments under section 43 of the 1948 Act
- Recovery of expenditure incurred under section 47(8) of the 1948 Act
- Recovery of expenses incurred under section 48 of the 1948 Act
- Prosecutions under section 51 of the 1948 Act
- Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act
- Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act
- Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984
- SCHEDULE 14 Further amendments relating to Part 5
- Children Act 1989 (c. 41)
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- National Health Service (Wales) Act 2006 (c. 42)
- Safeguarding Vulnerable Groups Act 2006 (c. 47)
- SCHEDULE 15 Repeals and revocations
- Part 1 Repeals and revocations relating to Part 1
- Part 2 Regulation of healthcare professions
- Part 3 Public health protection
- Part 4 National Health Service
- Part 5 Abolition of maintenance liability of relatives
- Part 6 Establishment of National Information Governance Board
- Part 7 Abolition of National Biological Standards Board
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