Health and Social Care Act 2008

Reviews and performance assessments

Reports

Reports and information

Proceedings for offences

Publication of information relating to enforcement action etc.

Reports and information

Further provisions about listed persons

Legal assessors

.Clinical and other specialist advisers

Further amendments relating to Part 1

Further provisions about listed persons

Legal assessors

Duty to inform the public

.Clinical and other specialist advisers

Powers and duties of Council

Administration: Northern Ireland

Regulation of social care workers: Wales

Administration: Great Britain

Further amendments relating to public health protection

General and supplementary

Administration: Great Britain

Human Rights Act 1998: provision of certain social care to be public function

Duty to consult Board in relation to regulations about patient information

Functions of Health Protection Agency in relation to biological substances

Abolition of maintenance liability of relatives

Regulations: control by Northern Ireland Assembly

General and supplementary

Healthwatch England and Local Healthwatch organisations

45A

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

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

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

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

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

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

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

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

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

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

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

• (a) the Secretary of State;

• (b) NHS England;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) English local authorities.

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

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

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

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

Conflicts of interest

45B

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

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

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

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

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

45C

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

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

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

• (2) The committee must—

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

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

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

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

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

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

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

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

Failure by the Commission or Healthwatch England in discharge of functions

Standards set by Secretary of State

Disclosure of confidential personal information: offence

Failure by the Commission or Healthwatch England in discharge of functions

Duty to consult

Duty to consult

Additional responsibilities of responsible officers: England and Wales and Northern Ireland

The Office of the Health Professions Adjudicator

Fees payable by General Medical Council and General Optical Council

Education and training of approved mental health professionals: Wales

Electronic communications

Entitlement: Great Britain

Penalty: Great Britain

Administration of oaths and issuing of witness summonses etc.

Pharmaceutical services

Weighing and measuring of children: England

Minor and consequential amendments relating to Part 5

Orders and regulations: Parliamentary control

Minor and consequential amendments relating to Part 5

Abolition of maintenance liability of relatives

Further provisions about listed persons

Legal assessors

Procedural rules

Lists of persons eligible for membership of fitness to practise panels

Entitlement: Great Britain

Duty to consult

Responsible officers and their duties relating to medical profession

Pharmaceutical services

Administration: Northern Ireland

Pharmaceutical services

Direct payments in lieu of provision of care services

Orders and regulations: Parliamentary control

Directions

Short title

The Commission's functions

Statement on user involvement

20A

• (1) The Commission has the following functions in relation to the processing of relevant information—

• (a) to monitor the practice followed by registered persons in relation to such processing, and

• (b) to keep NHS England ... informed about the practice being followed by registered persons in relation to such processing.

• (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information.

• (3) In this section “relevant information” means—

• (a) patient information,

• (b) any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006,

• (c) any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and

• (d) any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.

• (4) In subsection (3) “patient information” means—

• (a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and

• (b) information (however recorded) which is to any extent derived, directly or indirectly, from that information,

whether or not the identity of the individual in question is ascertainable from the information.

• (5) In this section—

• “adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20;

• “processing”, in relation to information, has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);

• “registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.

45D

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

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

• (3) In this section—

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

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

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

.Clinical and other specialist advisers

OHPA rules: supplementary

Duty to consult

Further amendments relating to public health protection

Public health protection

Administration: Great Britain

Duty to inform the public

Entitlement: Northern Ireland

Administration: Northern Ireland

Powers and duties of Council

Duty of Primary Care Trusts

General and supplementary

Weighing and measuring of children: Wales

Human Rights Act 1998: provision of certain social care to be public function

Standard of proof in proceedings relating to registration of social care worker

Pharmaceutical services

Entitlement: Great Britain

Penalty: Northern Ireland

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Power of Secretary of State to give financial assistance

Human Rights Act 1998: provision of certain social care to be public function

Consultation in relation to commencement

Abolition of maintenance liability of relatives

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Power of Secretary of State to give financial assistance

Orders, regulations and directions: general provisions

Regulations: control by Northern Ireland Assembly

Consultation in relation to commencement

Reports

Reviews and performance assessments

Procedural rules

Administration of oaths and issuing of witness summonses etc.

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Abolition of maintenance liability of relatives

Orders and regulations: Parliamentary control

Directions

Short title

Chief Inspectors

3A

• (1) The non-executive members must—

• (a) appoint an executive member to be the Chief Inspector of Hospitals,

• (b) appoint an executive member to be the Chief Inspector of Adult Social Care, and

• (c) appoint an executive member to be the Chief Inspector of General Practice.

• (2) Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.

• (3) When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission's independence from the Secretary of State.

Warning notice: quality of health care

29A

• (1) If it appears to the Commission that the quality of health care provided by an NHS trust established under section 25 of the National Health Service Act 2006 or by an NHS foundation trust requires significant improvement, the Commission may give the trust a warning notice.

• (2) A warning notice under this section is a notice in writing—

• (a) stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,

• (b) specifying the health care concerned,

• (c) giving the Commission's reasons for its view, and

• (d) requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.

• (3) Where a warning notice under this section imposes more than one requirement under subsection (2)(d), it may specify different times for different requirements.

• (4) The Commission must—

• (a) where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;

• (b) where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.

• (5) Where, having carried out the duty under subsection (4), the Commission is satisfied that a requirement to which the notice relates has not been complied with, it—

• (a) must decide what action to take in relation to the trust, and

• (b) must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).

Reports

Further provisions about listed persons

Duty to inform the public

Constitution etc. of Council

Co-operation between prescribed bodies

Further amendments relating to public health protection

Further amendments relating to public health protection

Penalty: Northern Ireland

Administration: Northern Ireland

Northern Ireland: health in pregnancy grant to be excepted matter

Weighing and measuring of children: England

Abolition of maintenance liability of relatives

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Qualifying bodies

Directions

Short title

Short title

Public health protection

Northern Ireland: health in pregnancy grant to be excepted matter

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Qualifying bodies

Orders and regulations: Parliamentary control

Learning disability and autism training: code of practice

21A