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Health and Social Care Act 2008

Type Public General Act

Publication 2008-07-21

Last updated 2023-02-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(45A) (1) The following provisions have effect for the interpretation of this Part. (2) “Contamination” includes radiation. (3) Any reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health. (4) Any reference to the spread of contamination includes a reference to the spread of any source of contamination. (5) Any reference to disinfection or decontamination includes a reference to the removal of any vector, agent or source of the infection or contamination. (6) Related expressions are to be read accordingly. (45B) (1) The appropriate Minister may by regulations make provision— (a) for preventing danger to public health from vessels, aircraft, trains or other conveyances arriving at any place, (b) for preventing the spread of infection or contamination by means of any vessel, aircraft, train or other conveyance leaving any place, and (c) for giving effect to any international agreement or arrangement relating to the spread of infection or contamination. (2) Regulations under subsection (1) may in particular include provision— (a) for the detention of conveyances, (b) for the medical examination, detention, isolation or quarantine of persons, (c) for the inspection, analysis, retention, isolation, quarantine or destruction of things, (d) for the disinfection or decontamination of conveyances, persons or things or the application of other sanitary measures, (e) for prohibiting or regulating the arrival or departure of conveyances and the entry or exit of persons or things, (f) imposing duties on masters, pilots, train managers and other persons on board conveyances and on owners and managers of ports, airports and other points of entry, and (g) requiring persons to provide information or answer questions (including information or questions relating to their health). (45C) (1) The appropriate Minister may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in England and Wales (whether from risks originating there or elsewhere). (2) The power in subsection (1) may be exercised— (a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and (b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances. (3) Regulations under subsection (1) may in particular include provision— (a) imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination, (b) conferring on local authorities or other persons functions in relation to the monitoring of public health risks, and (c) imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health. (4) The restrictions or requirements mentioned in subsection (3)(c) include in particular— (a) a requirement that a child is to be kept away from school, (b) a prohibition or restriction relating to the holding of an event or gathering, (c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and (d) a special restriction or requirement. (5) The power in subsection (1) is subject to section 45D. (6) For the purposes of this Part— (a) a “special restriction or requirement” means a restriction or requirement which can be imposed by a justice of the peace by virtue of section 45G(2), 45H(2) or 45I(2), but (b) a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement. (45D) (1) Regulations under section 45C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the appropriate Minister considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 45C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (3) Regulations under section 45C may not include provision imposing a special restriction or requirement mentioned in section 45G(2)(a), (b), (c) or (d). (4) Regulations under section 45C may not include provision enabling the imposition of a special restriction or requirement unless— (a) the regulations are made in response to a serious and imminent threat to public health, or (b) imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed. (5) For the purposes of this section— (a) regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the appropriate Minister, a local authority or other person; (b) regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision. (45E) (1) Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment. (2) “Medical treatment” includes vaccination and other prophylactic treatment. (45F) (1) This section makes further provision about regulations under section 45B or 45C (“health protection regulations”). (2) Health protection regulations may— (a) confer functions on local authorities and other persons; (b) create offences; (c) enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances; (d) provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations; (e) provide for appeals from and reviews of decisions taken under the regulations; (f) permit or prohibit the levy of charges; (g) permit or require the payment of incentive payments, compensation and expenses; (h) provide for the resolution of disputes. (3) Health protection regulations may, for the purposes of giving effect to an international agreement or arrangement, amend any enactment. (4) Health protection regulations may not confer functions on officers of Revenue and Customs unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs. (5) Health protection regulations may not create an offence triable on indictment or punishable with— (a) imprisonment, (b) a fine exceeding £20,000, or (c) a further fine exceeding an amount equal to 2% of level 5 on the standard scale for each day on which the default continues after conviction. (6) Regulations under section 45C must provide for a right of appeal to a magistrates' court against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises. (7) Regulations under section 45C which enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations. (8) In relation to a special restriction or requirement mentioned in section 45G(2)(c) or (d)— (a) the period specified by virtue of subsection (7) and the intervals specified by virtue of that subsection must be 28 days or less, and (b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made. (45G) (1) A justice of the peace may make an order under subsection (2) in relation to a person (“P”) if the justice is satisfied that— (a) P is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that P might infect or contaminate others, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose on or in relation to P one or more of the following restrictions or requirements— (a) that P submit to medical examination; (b) that P be removed to a hospital or other suitable establishment; (c) that P be detained in a hospital or other suitable establishment; (d) that P be kept in isolation or quarantine; (e) that P be disinfected or decontaminated; (f) that P wear protective clothing; (g) that P provide information or answer questions about P's health or other circumstances; (h) that P's health be monitored and the results reported; (i) that P attend training or advice sessions on how to reduce the risk of infecting or contaminating others; (j) that P be subject to restrictions on where P goes or with whom P has contact; (k) that P abstain from working or trading. (3) A justice of the peace may make an order under subsection (4) in relation to a person (“P”) if the justice is satisfied that— (a) P is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related party might infect or contaminate others, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may impose on or in relation to P a requirement that P provide information or answer questions about P's health or other circumstances (including, in particular, information or questions about the identity of a related party). (5) “Related party” means— (a) a person who has or may have infected or contaminated P, or (b) a person whom P has or may have infected or contaminated. (6) An order under this section may also order a person with parental responsibility (within the meaning of the Children Act 1989) for P to secure that P submits to or complies with the restrictions or requirements imposed by the order. (7) The appropriate Minister must by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) Any reference in this section to a person who is infected or contaminated includes a reference to a person who carries the source of an infection or contamination, and any reference to infecting or contaminating others includes a reference to passing that source to others. (45H) (1) A justice of the peace may make an order under subsection (2) in relation to a thing if the justice is satisfied that— (a) the thing is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that the thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose in relation to the thing one or more of the following restrictions or requirements— (a) that the thing be seized or retained; (b) that the thing be kept in isolation or quarantine; (c) that the thing be disinfected or decontaminated; (d) in the case of a dead body, that the body be buried or cremated; (e) in any other case, that the thing be destroyed or disposed of. (3) A justice of the peace may make an order under subsection (4) in relation to a thing if the justice is satisfied that— (a) the thing is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related person or related thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may require— (a) the owner of the thing, or (b) any person who has or has had custody or control of the thing, to provide information or answer questions about the thing (including, in particular, information or questions about where the thing has been or about the identity of any related person or the whereabouts of any related thing). (5) “Related person” means— (a) a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or (b) a person whom the thing has or may have infected or contaminated. (6) “Related thing” means— (a) a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or (b) a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated. (7) The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) In this section— (a) any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and (b) any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing. (45I) (1) A justice of the peace may make an order under subsection (2) in relation to premises if the justice is satisfied that— (a) the premises are or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that the premises might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose in relation to the premises one or more of the following restrictions or requirements— (a) that the premises be closed; (b) that, in the case of a conveyance or movable structure, the conveyance or structure be detained; (c) that the premises be disinfected or decontaminated; (d) that, in the case of a building, conveyance or structure, the premises be destroyed. (3) A justice of the peace may make an order under subsection (4) in relation to premises if the justice is satisfied that— (a) the premises are or may be infected or contaminated or are or may be a place where infection or contamination was spread between persons or things, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related person or related thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may require the owner or any occupier of the premises to provide information or answer questions about the premises (including, in particular, information about the identity of any related person or the whereabouts of any related thing). (5) “Related person” means— (a) a person who has or may have infected or contaminated the premises, (b) a person who has or may have infected or contaminated a person who or thing which is or has been on the premises, (c) a person whom the premises have or may have infected or contaminated, or (d) a person who has or may have been infected or contaminated by a person who or thing which is or has been on the premises. (6) “Related thing” means— (a) a thing which has or may have infected or contaminated the premises, (b) a thing which has or may have infected or contaminated a person who or thing which is or has been on the premises, (c) a thing which the premises have or may have infected or contaminated, or (d) a thing which has or may have been infected or contaminated by a person who or thing which is or has been on the premises. (7) The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) In this section— (a) any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and (b) any reference to infecting or contaminating humans, or a person, thing or premises, includes a reference to passing the source of an infection or contamination to humans, or to the person, thing or premises. (45J) (1) The powers in sections 45G, 45H and 45I include power to make an order in relation to a group of persons, things or premises. (2) For those purposes, the sections have effect as follows. (3) In section 45G— (a) in subsections (1)(a) and (c) and (3)(a), the reference to P is a reference to each person in the group, and (b) in subsections (2) and (4), any reference to P is a reference to any one or more of the persons in the group. (4) In section 45H— (a) in subsections (1)(a) and (c) and (3)(a), the reference to the thing is a reference to each thing in the group, and (b) in subsections (2) and (4) any reference to the thing is a reference to any one or more of the things in the group. (5) In section 45I— (a) in subsections (1)(a) and (c) and (3)(a), the reference to the premises is a reference to each set of premises in the group, and (b) in subsections (2) and (4), any reference to the premises is a reference to any one or more of the sets of premises in the group. (45K) (1) This section makes further provision about orders under sections 45G, 45H and 45I (referred to in this Part as “Part 2A orders”). (2) A Part 2A order may include, in addition to the restrictions or requirements mentioned in the provision under which it is made, such other restrictions or requirements as the justice considers necessary for the purpose of reducing or removing the risk in question. (3) A restriction or requirement contained in a Part 2A order may be expressed to take effect subject to conditions specified in the order. (4) Two or more Part 2A orders may be combined in a single order. (5) A Part 2A order may contain such directions as the justice considers appropriate to give effect to it. (6) Without prejudice to subsection (5)— (a) a Part 2A order may, if the justice is satisfied as mentioned in subsection (4) of section 61, authorise anything which may be authorised by warrant under subsection (3) of that section, and (b) if the order does so, section 62(1) and (1A) have effect as if— (i) the order were a warrant issued under section 61, and (ii) the person so authorised were a proper officer. (7) A Part 2A order may order the payment of compensation or expenses in connection with the taking of measures pursuant to the order. (8) A Part 2A order is authority for those persons to whom it is addressed to do such things as may be necessary to give effect to it. (45L) (1) A Part 2A order must specify the period for which any restriction or requirement imposed by or under the order is to remain in force. (2) That period may be extended by further order of a justice of the peace. (3) In relation to restrictions or requirements mentioned in section 45G(2)(c) or (d), neither the period specified under subsection (1) nor the period of any extension under subsection (2) may exceed 28 days or such shorter period as the appropriate Minister may by regulations prescribe. (4) The appropriate Minister may by regulations prescribe, in relation to any other restrictions or requirements, the maximum period which may be specified under subsection (1) and the maximum period of any extension under subsection (2). (45M) (1) The power of a justice of the peace to make a Part 2A order is exercisable on the application of a local authority. (2) Local authorities must co-operate with each other in deciding which of them should apply for a Part 2A order in any particular case. (3) The appropriate Minister must by regulations require a local authority to give notice to such persons as may be prescribed by the regulations of the making of an application for a Part 2A order, but this is subject to subsection (4). (4) If a justice of the peace considers it necessary to do so, the justice may make a Part 2A order without a person having been given such notice as is otherwise required to be given to that person under rules of court or regulations under subsection (3). (5) A Part 2A order may be varied or revoked by a justice of the peace on the application of— (a) an affected person, (b) a local authority, or (c) any other authority with the function of executing or enforcing the order in question. (6) In the case of an order under section 45G, the following persons are affected persons— (a) P, (b) a person with parental responsibility (within the meaning of the Children Act 1989) for P, (c) P's husband, wife or civil partner, (d) a person living with P as P's husband, wife or civil partner, and (e) such other persons as may be prescribed by regulations. (7) In the case of an order under section 45H(2), the following persons are affected persons— (a) the owner of the thing, (b) any person with custody or control of the thing, and (c) such other persons as may be prescribed by regulations. (8) In the case of an order under section 45I(2), the following persons are affected persons— (a) the owner of the premises, (b) any occupier of the premises, and (c) such other persons as may be prescribed by regulations. (9) In the case of an order under section 45H(4) or 45I(4), the person required to provide information or answer questions and such other persons as may be prescribed by regulations are affected persons. (10) Variation or revocation of a Part 2A order does not invalidate anything done under the order prior to the variation or revocation. (11) In this section “regulations” means regulations made by the appropriate Minister. (45N) (1) The appropriate Minister may by regulations make provision about the taking of measures pursuant to Part 2A orders. (2) The regulations may in particular make provision about— (a) the type of investigation which may be carried out as part of a medical examination; (b) the manner in which measures are to be taken; (c) who is to be responsible for executing and enforcing measures; (d) who is to be liable for the costs of measures; (e) the payment of compensation or expenses in connection with the taking of measures. (3) But the regulations may not confer functions on officers of Revenue and Customs to execute or enforce Part 2A orders unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs. (45O) (1) A person commits an offence if the person— (a) fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 2A order, or (b) wilfully obstructs anyone acting in the execution of a Part 2A order. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding £20,000. (3) If— (a) a person is convicted of an offence under subsection (1), and (b) the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way, the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order. (4) Subsection (5) applies if— (a) a Part 2A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and (b) the person leaves that place contrary to the requirement. (5) A constable may take the person into custody and return the person to that place. (6) But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force. (45P) (1) A power to make regulations under this Part is exercisable by statutory instrument. (2) A power to make regulations under this Part includes power to make different provision for different cases or different areas. (45Q) (1) An instrument containing regulations under this Part, except one to which subsection (4) applies, is subject to annulment— (a) in the case of English regulations, in pursuance of a resolution of either House of Parliament; (b) in the case of Welsh regulations, in pursuance of a resolution of the National Assembly for Wales. (2) Subject to subsection (3), subsection (4) applies to an instrument containing (whether alone or with other provisions)— (a) regulations under section 45C, (b) regulations which amend an enactment pursuant to section 45F(3), (c) the first regulations to be made under section 45G(7), (d) the first regulations to be made under section 45L(4), or (e) the first regulations to be made under section 45N. (3) Subsection (4) does not apply by virtue of subsection (2)(a) if the instrument contains a declaration that the person making it is of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) which imposes or enables the imposition of— (a) a special restriction or requirement, or (b) any other restriction or requirement which has or would have a significant effect on a person's rights. (4) Subject to section 45R, an instrument to which this subsection applies may not be made unless— (a) in the case of English regulations, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; (b) in the case of Welsh regulations, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (5) If an instrument, or a draft of an instrument, containing regulations under section 45B or 45C would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument. (6) In this section— - “English regulations” means regulations made by the Secretary of State; - “Welsh regulations” means regulations made by the Welsh Ministers. (45R) (1) This section applies to an instrument to which subsection (4) of section 45Q applies by virtue of subsection (2)(a) or (b) of that section. (2) The instrument may be made without a draft having been laid and approved as mentioned in subsection (4) of that section if the instrument contains a declaration that the person making it is of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved. (3) After an instrument is made in accordance with subsection (2), it must be laid— (a) in the case of English regulations, before each House of Parliament; (b) in the case of Welsh regulations, before the National Assembly for Wales. (4) Regulations contained in an instrument made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved— (a) in the case of English regulations, by a resolution of each House of Parliament; (b) in the case of Welsh regulations, by a resolution of the National Assembly for Wales. (5) But if on any day during that period, on proceedings on a motion that (or to the effect that) the instrument be so approved, either House of Parliament or, as the case may be, the National Assembly for Wales comes to a decision rejecting the instrument, the regulations cease to have effect at the end of that day instead. (6) In reckoning any such period of 28 days, no account is to be taken— (a) in the case of English regulations, of any time during which Parliament is prorogued or dissolved or during which both Houses are adjourned for more than 4 days; (b) in the case of Welsh regulations, of any time during which the National Assembly for Wales is dissolved or is in recess for more than 4 days. (7) Subsections (4) and (5) do not— (a) affect anything done in reliance on the regulations before they ceased to have effect, or (b) prevent the making of new regulations. (8) In this section “English regulations” and “Welsh regulations” have the same meaning as in section 45Q. (45S) The provisions of this Part have effect in relation to the territorial sea adjacent to England or Wales. (45T) (1) This Part is to be read in accordance with this section. (2) “Enactment” means an enactment whenever passed or made, and includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978). (3) “Medical examination” includes microbiological, radiological and toxicological tests. (4) “Special restriction or requirement” has the meaning given by section 45C(6). (5) “Thing” includes— (a) human tissue, (b) a dead body or human remains, (c) animals, and (d) plant material. (6) “The appropriate Minister” means— (a) the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea); (b) the Welsh Ministers, as respects Wales (including the sea adjacent to Wales out as far as that boundary). (7) An order made under section 158(3) of the Government of Wales Act 2006 (orders to determine boundary of the sea adjacent to Wales) applies for the purposes of subsection (6) as it applies for the purposes of that Act. (8) Any reference to amending an enactment includes a reference to repealing, revoking or modifying the application of an enactment, and “amendment” is to be read accordingly. (9) Any reference to giving effect to an international agreement or arrangement includes a reference to giving effect to a recommendation issued under such an agreement or arrangement.

Further amendments relating to public health protection

130

(1) Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is superseded by the new Part 2A inserted by section 129) ceases to have effect.

(2) Schedule 11 (which contains further amendments of that Act and other Acts) has effect.

Part 4 — Health in pregnancy grant

England, Wales and Scotland

Entitlement: Great Britain

131

After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4) insert—

(140A) (1) A woman who satisfies prescribed conditions in relation to a pregnancy of hers is entitled to payment of a lump sum (to be known as “health in pregnancy grant”). (2) A condition prescribed under subsection (1) may, in particular, require a woman to have reached a specified stage of her pregnancy. (3) A woman is not entitled to health in pregnancy grant unless— (a) she has received advice on matters relating to maternal health from a health professional; (b) she is in Great Britain at the time she makes a claim for the grant in accordance with the Administration Act. (4) Circumstances may be prescribed in which a woman is to be treated for the purposes of subsection (3)(b) as being, or as not being, in Great Britain. (5) In this section— - “health professional” has such meaning as may be prescribed, - “prescribed” means prescribed by regulations, and - “woman” means a female of any age. (6) The power to make regulations under this section is exercisable by the Treasury. (140B) (1) Health in pregnancy grant is to be of an amount prescribed by regulations made by the Treasury. (2) Different amounts may be prescribed in relation to different cases.

Administration: Great Britain

132

(1) In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and payments regulations), in subsection (2), after paragraph (f), insert—

(fa) health in pregnancy grant;

(2) The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.

(3) After section 12 of that Act insert—

(12A) (1) No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5. (2) No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her. (3) This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by— (a) a statement of her national insurance number and information or evidence establishing that that number has been allocated to her; or (b) information or evidence enabling the national insurance number that has been allocated to her to be ascertained. (4) This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her. (5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.

(4) In section 71 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—

(ea) health in pregnancy grant; and

(5) In the application of that section in relation to health in pregnancy grant, references to the Secretary of State are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.

(6) In section 121E of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.

(7) In section 121F of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.

(8) Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Secretary of State under that Act are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.

Penalty: Great Britain

133

(1) After section 113B of the Social Security Administration Act 1992 (c. 5) insert—

(113C) Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.

(2) Before Schedule 4 to that Act, insert—

SCHEDULE 3A (1) (1) This paragraph applies where a person fraudulently or negligently— (a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or (b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5. (2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person. (3) The amount of a penalty imposed under this paragraph— (a) is to be determined by the Commissioners, but (b) may not exceed the amount of the grant. (4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given. (5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed. (6) The notice must— (a) state the date on which the notice is given, (b) state the date on or before which payment is due in accordance with sub-paragraph (4), and (c) give details of the right to appeal under paragraph 2. (2) (1) A person on whom a penalty is imposed under paragraph 1 may appeal to an appeal tribunal against the determination imposing it. (2) On an appeal under sub-paragraph (1), an appeal tribunal may— (a) set the determination aside, (b) confirm the determination, (c) reduce the amount of the penalty, or (d) increase the amount of it (but not so as to exceed the amount of the grant). (3) An appeal lies to a Commissioner from a decision of an appeal tribunal under sub-paragraph (2). (4) On an appeal under sub-paragraph (3), a Commissioner has a similar jurisdiction to that conferred on an appeal tribunal by sub-paragraph (2). (5) In sub-paragraphs (1) to (4), “appeal tribunal” and “Commissioner” have the same meaning as in Chapter 2 of Part 1 of the Social Security Act 1998 (decisions, etc.). (6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Act in relation to an appeal under this paragraph (with such modifications as are prescribed). (3) The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule. (4) (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day. (2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given. (5) A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.

Northern Ireland

Entitlement: Northern Ireland

134

After Part 8 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) insert—

(136A) (1) A woman who satisfies prescribed conditions in relation to a pregnancy of hers is entitled to payment of a lump sum (to be known as “health in pregnancy grant”). (2) A condition prescribed under subsection (1) may, in particular, require a woman to have reached a specified stage of her pregnancy. (3) A woman is not entitled to health in pregnancy grant unless— (a) she has received advice on matters relating to maternal health from a health professional; (b) she is in Northern Ireland at the time she makes a claim for the grant in accordance with the Administration Act. (4) Circumstances may be prescribed in which a woman is to be treated for the purposes of subsection (3)(b) as being, or as not being, in Northern Ireland. (5) In this section— - “health professional” has such meaning as may be prescribed, - “prescribed” means prescribed by regulations, and - “woman” means a female of any age. (6) The power to make regulations under this section is exercisable by the Treasury. (136B) (1) Health in pregnancy grant is to be of an amount prescribed by regulations made by the Treasury. (2) Different amounts may be prescribed in relation to different cases.

Administration: Northern Ireland

135

(1) In section 5 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (claims and payments regulations), in subsection (2), after paragraph (f), insert—

(fa) health in pregnancy grant;

(2) The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.

(3) After section 10 of that Act insert—

(10A) (1) No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5. (2) No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her. (3) This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by— (a) a statement of her national insurance number and information or evidence establishing that that number has been allocated to her; or (b) information or evidence enabling the national insurance number that has been allocated to her to be ascertained. (4) This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her. (5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.

(4) In section 69 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—

(ea) health in pregnancy grant; and

(5) In the application of that section in relation to health in pregnancy grant, references to the Northern Ireland Department are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.

(6) In section 115D of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.

(7) In section 115E of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.

(8) Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Northern Ireland Department under that Order are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.

(9) In subsections (5) and (8), “the Northern Ireland Department” means the Department for Social Development in Northern Ireland.

Penalty: Northern Ireland

136

(1) After section 107B of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) insert—

(107C) Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.

(2) Before Schedule 4 to that Act, insert—

SCHEDULE 3A (1) (1) This paragraph applies where a person fraudulently or negligently— (a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or (b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5. (2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person. (3) The amount of a penalty imposed under this paragraph— (a) is to be determined by the Commissioners, but (b) may not exceed the amount of the grant. (4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given. (5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed. (6) The notice must— (a) state the date on which the notice is given, (b) state the date on or before which payment is due in accordance with sub-paragraph (4), and (c) give details of the right to appeal under paragraph 2. (2) (1) A person on whom a penalty is imposed under paragraph 1 may appeal to an appeal tribunal against the determination imposing it. (2) On an appeal under sub-paragraph (1), an appeal tribunal may— (a) set the determination aside, (b) confirm the determination, (c) reduce the amount of the penalty, or (d) increase the amount of it (but not so as to exceed the amount of the grant). (3) An appeal lies to a Commissioner from a decision of an appeal tribunal under sub-paragraph (2). (4) On an appeal under sub-paragraph (3), a Commissioner has a similar jurisdiction to that conferred on an appeal tribunal by sub-paragraph (2). (5) In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning as in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (decisions, etc.). (6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Order in relation to an appeal under this paragraph (with such modifications as are prescribed). (3) The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule. (4) (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day. (2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given. (5) A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.

Northern Ireland: health in pregnancy grant to be excepted matter

137

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the beginning of paragraph 10B insert “ Health in pregnancy grant, ”.

General and supplementary

138

(1) The Commissioners for Her Majesty's Revenue and Customs are responsible for the payment and management of health in pregnancy grant.

(2) In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from entitlement to benefits), in subsection (1), after paragraph (h), insert—

(ha) health in pregnancy grant,

(3) In subsections (5) and (6) of that section, before “child benefit” insert “ health in pregnancy grant or ”.

(4) In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (benefits wholly exempt from income tax), in Part 1 of Table B, at the appropriate place insert—

Health in pregnancy grant	SSCBA 1992	Section 140A
	SSCB(NI)A 1992	Section 136A

Part 5 — Miscellaneous

Amendments relating to National Health Service

Duty of Primary Care Trusts

139

After section 23 of the National Health Service Act 2006 (c. 41) insert—

(23A) (1) Each Primary Care Trust must make arrangements to secure continuous improvement in the quality of health care provided by it and by other persons pursuant to arrangements made by it. (2) In discharging its duty under subsection (1) a Primary Care Trust must have regard to the standards set out in statements under section 45 of the Health and Social Care Act 2008. (3) “Health care” means— (a) services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and (b) the promotion and protection of public health.

Pharmaceutical services

140

Schedule 12 (which contains amendments of the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to expenditure in connection with the provision of pharmaceutical services) has effect.

Remuneration for persons providing pharmaceutical services

141

(1) In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—

(a) after subsection (4) insert—

(4A) An instrument of appointment— (a) must be contained in regulations if it provides for the appointment of a Primary Care Trust or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 126, and (b) if paragraph (a) does not apply, may be contained in regulations.

, and

(b) in subsection (5), omit paragraph (b) and the word “and” immediately preceding it.

(2) In section 88 of the National Health Service (Wales) Act 2006 (c. 42) (remuneration for persons providing pharmaceutical services)—

(a) after subsection (4) insert—

(4A) An instrument of appointment— (a) must be contained in regulations if it provides for the appointment of a Local Health Board or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 80, and (b) if paragraph (a) does not apply, may be contained in regulations.

, and

(b) in subsection (5), omit paragraph (b) and the word “and” immediately preceding it.

Indemnity schemes in connection with provision of health services

142

(1) Section 71 of the National Health Service Act 2006 (c. 41) (schemes for meeting losses and liabilities of health service bodies) is amended as follows.

(2) In subsection (1), after “the bodies” (in each place) insert “ or other persons ”.

(3) In subsection (2)—

(a) after “The bodies” insert “ and other persons ”,

(b) after paragraph (g) insert—

(h) the Secretary of State, and (i) a body or other person (other than a body or other person within any of paragraphs (a) to (h)) providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of paragraphs (a) to (h),

, and

(4) After subsection (2) insert—

(2A) In subsection (1)(b) “functions”— (a) in relation to the Secretary of State, means the Secretary of State's functions in connection with the health service; (b) in relation to a body or other person within paragraph (i) of subsection (2), means the body's or person's functions of providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of paragraphs (a) to (h) of that subsection.

(5) In subsection (3)—

(a) in paragraph (b), after “body which” insert “ , or other person who, ”, and

(b) in paragraph (c), after “Secretary of State” insert “ (whether or not a participator in the scheme and, if a participator, whether or not required to make payments as a participator) ”.

(6) For subsection (5) substitute—

(5) The Secretary of State may make a direction under subsection (4) in respect of a body only if the body is within any of paragraphs (a) to (d), (f) and (g) of subsection (2).

(7) After subsection (8) insert—

(9) In subsection (2)(i), the reference to a person providing health services does not include a person providing health services under a contract of employment. (10) In this section “health services” means services provided as part of the health service.

Weighing and measuring of children

Weighing and measuring of children: England

143

(1) In Schedule 1 to the National Health Service Act 2006 (c. 41) (further provision about the Secretary of State and services under that Act) after paragraph 7 insert—

(7A) (1) The Secretary of State may, by arrangement with any local education authority, provide for the weighing and measuring of junior pupils in attendance at any school which is maintained by the authority. (2) The Secretary of State may, by arrangement with the proprietor of any school which is not maintained by a local education authority, provide for the weighing and measuring of junior pupils in attendance at that school. (3) The Secretary of State may, by arrangement with any person who is registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision, provide for the weighing and measuring of young children for whom childcare is provided by that person. (4) In sub-paragraphs (1) and (2) any expression to which a meaning is given for the purposes of the Education Act 1996 or the School Standards and Framework Act 1998 has the same meaning as in that Act; and in sub-paragraph (3) any expression to which a meaning is given for the purposes of Part 3 of the Childcare Act 2006 has the same meaning as in that Part. (7B) (1) The Secretary of State may by regulations— (a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned, (b) require any weighing and measuring provided for by the Secretary of State under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements, (c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and (d) make other provision regulating the processing of information resulting from any weighing or measuring provided for by the Secretary of State under paragraph 7A. (2) Regulations made under sub-paragraph (1) may require any person exercising functions in relation to any weighing or measuring to which the regulations apply or in relation to information resulting from such weighing or measuring to have regard to any guidance given from time to time by the Secretary of State. (3) In sub-paragraph (1)(d), “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998. (4) Regulations under this paragraph cannot include provision by virtue of section 272(8)(a) amending or repealing an Act.

(2) Until the commencement of Chapter 2 of Part 3 of the Childcare Act 2006 (c. 21), the reference in paragraph 7A(3) of Schedule 1 to the National Health Service Act 2006 (c. 41) (as inserted by subsection (1) of this section) to a person registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision is to be read as a reference to a person registered under Part 10A of the Children Act 1989 (c. 41) in respect of child minding or the provision of day care (within the meaning of that Part).

Weighing and measuring of children: Wales

144

In Schedule 1 to the National Health Service (Wales) Act 2006 (c. 42) (further provision about the Welsh Ministers and services under that Act) after paragraph 7 insert—

(7A) (1) The Welsh Ministers may, by arrangement with any local authority, provide for the weighing and measuring of junior pupils in attendance at any school which is maintained by the authority. (2) The Welsh Ministers may, by arrangement with the proprietor of any school which is not maintained by a local authority, provide for the weighing and measuring of junior pupils in attendance at that school. (3) The Welsh Ministers may, by arrangement with any person who is registered under Part 10A of the Children Act 1989 (child minding and day care for children in Wales) in respect of child minding or the provision of day care, provide for the weighing and measuring of children looked after by that person. (4) In sub-paragraphs (1) and (2) any expression to which a meaning is given for the purposes of the Education Act 1996 or the School Standards and Framework Act 1998 has the same meaning as in that Act; and in sub-paragraph (3) any expression to which a meaning is given for the purposes of Part 10A of the Children Act 1989 has the same meaning as in that Part. (7B) (1) The Welsh Ministers may by regulations— (a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned, (b) require any weighing and measuring provided for by the Welsh Ministers under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements, (c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and (d) make other provision regulating the processing of information resulting from any weighing or measuring provided for by the Welsh Ministers under paragraph 7A. (2) Regulations made under sub-paragraph (1) may require any person exercising functions in relation to any weighing or measuring to which the regulations apply or in relation to information resulting from such weighing or measuring to have regard to any guidance given from time to time by the Welsh Ministers. (3) In sub-paragraph (1)(d), “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998. (4) Regulations under this paragraph cannot include provision by virtue of section 203(10)(a) amending or repealing an Act.

145

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

Direct payments in lieu of provision of care services

146

(1) Section 57 of the Health and Social Care Act 2001 (c. 15) (regulations may require or authorise direct payments to a person, with the person's consent, in respect of the person securing the provision to the person of certain care services) is amended as follows.

(2) After subsection (1) insert—

(1A) Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person (“P”) of a prescribed description— (a) who falls within subsection (2)(a), and (b) who falls within subsection (5A) or is reasonably believed by the authority to fall within that subsection, to make, with the requisite consent, such payments as the authority may determine in accordance with the regulations to a suitable person other than P in respect of the other person's securing the provision for P of the service mentioned in subsection (2)(a). (1B) In subsection (1A) “the requisite consent” means— (a) the consent of the other person; and (b) where the other person is not a surrogate of P but there is at least one person who is a surrogate of P, the consent also of a surrogate of P. (1C) For the purposes of subsection (1A), a person (whether or not an individual) is “suitable” if— (a) that person is a representative of P; (b) that person is not a representative of P (or there is no-one who is a representative of P), but— (i) a surrogate of P, and (ii) the responsible authority, consider that person to be a suitable person to receive the payments for the purpose of securing provision for P of the service concerned; or (c) that person is not a representative of P (or there is no-one who is a representative of P), and there is no-one who is a surrogate of P, but the responsible authority considers that person to be a suitable person to receive the payments for that purpose.

(3) In subsection (3) (provision which may be included in regulations under the section)—

(a) in paragraph (a) (provision as to circumstances in which payments not to be made), after “to a person” insert “ or in respect of a person ”,

(b) in paragraph (c)(i) (provision about determination of payee's means), after “the payee's means” insert “ in the case of direct payments under subsection (1) or, in the case of direct payments under subsection (1A), the means of the person (“the beneficiary”) in respect of whom the payments are required or authorised to be made ”,

(c) in each of paragraphs (d) and (e)(ii) (provision as to conditions to be complied with by payee, and provision as to repayments by payee or otherwise), after “payee” insert “ in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), ” and

(d) after paragraph (h) insert—

(j) as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations; (k) as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations; (l) specifying circumstances in which a person who has fallen within subsection (5A) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (5A) for purposes of this section or for purposes of regulations under this section.

(4) In subsection (4)(b) (gross payments: condition that payee pays amounts by way of reimbursement), after “payee” insert “ in the case of direct payments under subsection (1), or the beneficiary in the case of direct payments under subsection (1A), ”.

(5) In subsection (5) (payments made net on basis that payee will contribute to cost of service)—

(a) in paragraph (a), after “the payee will himself” insert “ in the case of direct payments under subsection (1), or the beneficiary will in the case of direct payments under subsection (1A), ” and

(b) in paragraph (b), after “payee” insert “ or (as the case may be) the beneficiary ”.

(6) After subsection (5) insert—

(5A) A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments. (5B) In this section “representative”, in relation to a person, means such other person (whether or not an individual) as may be prescribed. (5C) In this section “surrogate”, in relation to a person, means— (a) a deputy appointed for the person by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005, or (b) a donee of a lasting power of attorney created by the person, whose powers, as deputy or donee, consist of or include such powers as may be prescribed.

(7) After subsection (7) insert—

(7A) For the purposes of subsection (3)(d), the conditions that are to be taken to be conditions in relation to direct payments include, in particular, conditions in relation to— (a) the securing of the provision of the service concerned, (b) the provider of the service, (c) the person to whom payments are made in respect of the provision of the service, or (d) the provision of the service.

(8) In section 64 of the Health and Social Care Act 2001 (c. 15) (regulations and orders), after subsection (4) insert—

(4A) A statutory instrument containing— (a) regulations made by the Welsh Ministers under section 57, or (b) regulations made by the Welsh Ministers under section 65 that make provision for the purposes of, in consequence of or for giving full effect to section 57, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Abolition of maintenance liability of relatives

147

(1) The following provisions cease to have effect—

(a) section 43 of the National Assistance Act 1948 (c. 29) (recovery from liable relative of local authority's costs of assistance),

(b) in section 47(9) of that Act (liability of maintained person, or person's relatives, for expenditure incurred under section 47(8)), the words “or from any person who for the purposes of this Act is liable to maintain that person”,

(c) in section 48(3) of that Act (liability of person in hospital etc., or person's relatives, for costs of protecting person's property), the words “, or from any person who for the purposes of this Act is liable to maintain him,”,

(d) in section 51(1) of that Act (offence where person fails to maintain himself or any person he is liable to maintain), the words “or any person whom he is liable to maintain for the purposes of this Act”,

(e) in paragraph 19(1) of Schedule 6 to that Act (which ended a saved liability to maintain a person where there was no liability to maintain that person for the purposes of that Act), the words “whom he is not liable to maintain for the purposes of this Act”,

(f) paragraph 19(2) of that Schedule (which gave continuing effect to certain saved liabilities not ended by paragraph 19(1)), and

(g) in section 46(5) of the Public Health (Control of Disease) Act 1984 (c. 22) (liability of person's estate, or person's relatives, for cost of burial or cremation under the section), the words “or from any person who for the purposes of the National Assistance Act 1948 was liable to maintain the deceased person immediately before his death”.

(2) In section 29(4A)(c) of the National Assistance Act 1948 (c. 29) (which provides for section 43 to apply where accommodation in a hostel is provided under section 29(4)(c)), for “sections 32 and 43 of this Act shall apply as they apply” substitute “ section 32 shall apply as it applies ”.

(3) In section 51(1) of that Act, for “, himself or any other person” substitute “ him ”.

(4) In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of accommodation treated as being under Part 3 of the National Assistance Act 1948), for the words from “(as amended”, where first occurring, to “etc.)” substitute “ (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 ”.

(5) In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (definition of “social services functions” for purposes of the 1970 Act), in the entry relating to sections 43 to 45 of the National Assistance Act 1948, for “Sections 43 to” substitute “ Section ”.

(6) The provisions of this section have effect subject to, and in accordance with, Schedule 13.

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

148

(1) In section 24 of the National Assistance Act 1948 (authority liable for provision of accommodation) for subsections (6) and (7) substitute—

(6) For the purposes of the provision of residential accommodation under this Part, a patient (“P”) for whom NHS accommodation is provided shall be deemed to be ordinarily resident in the area, if any, in which P was resident before the NHS accommodation was provided for P, whether or not P in fact continues to be ordinarily resident in that area. (6A) In subsection (6) “NHS accommodation” means— (a) accommodation (at a hospital or elsewhere) provided under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, or (b) accommodation provided under section 117 of the Mental Health Act 1983 by a Primary Care Trust or Local Health Board, other than accommodation so provided jointly with a local authority.

(2) In section 32 of that Act (adjustments between authority providing accommodation, etc., and authority of area of residence) for subsection (3) substitute—

(3) Any question arising under this Part as to a person's ordinary residence shall be determined by the Secretary of State or by the Welsh Ministers. (4) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the Welsh Ministers. (5) Those arrangements may include provision for the Secretary of State and the Welsh Ministers to agree, in relation to any question that has arisen, which of them is to deal with the case.

(3) In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (provision of welfare services) after subsection (1) insert—

(1A) Subsections (3) to (5) of section 32 of the National Assistance Act 1948 (which relate to the determination of any question arising under Part 3 of that Act as to a person's ordinary residence) apply in relation to any question arising under this section as to a person's ordinary residence as they apply in relation to such a question arising under Part 3 of that Act.

Power of Secretary of State to give financial assistance

149

(1) The Secretary of State may give financial assistance to qualifying bodies which are engaged in—

(a) the provision in England of health services ..., or

(b) the provision to other persons of services that are connected with the provision in England by those other persons of health services ...

(1A) The Secretary of State may give financial assistance to bodies which are engaged in—

(a) the provision in England of social care services, or

(b) the provision to other persons of services that are connected with the provision in England by those other persons of social care services.

(1B) Assistance may be given to a body under subsection (1A) for the purposes of the provision of social care services only if those services are provided in England.

(2) The Secretary of State may also give financial assistance to persons for the purposes of the establishment by them of qualifying bodies which satisfy any conditions prescribed for the purposes of this subsection and which are to be engaged in—

(a) the provision in England of health services or of social care services, or

(b) the provision to other persons of services that will be connected with the provision in England by those other persons of health services or of social care services.

Qualifying bodies

150

(1) A body is a qualifying body for the purposes of this group of sections if—

(a) a reasonable person might consider that its activities are being carried on for the benefit of the community in England,

(b) except in the case of a body of a prescribed kind, it satisfies prescribed conditions relating to the distribution of its profits,

(d) it satisfies such other conditions as may be prescribed.

(2) Regulations may provide that—

(a) a body may only be a qualifying body if it is of a prescribed kind;

(b) activities of a prescribed description are to be treated as being, or as not being, activities which a reasonable person might consider are activities carried on for the benefit of the community in England.

(3) “Community” includes a section of the community; and regulations may make provision about what does, does not or may constitute a section of the community.

Forms of assistance under s. 149

151

(1) Subject to subsection (3), financial assistance under section 149 may be given in any form.

(2) Assistance may, in particular, be given by way of—

(a) grants,

(b) loans,

(d) in the case of assistance under section 149(1) or (1A) given to a company, purchasing share capital of the company.

(3) Financial assistance under section 149(2) given to a company may not be given by way of purchasing share capital of the company.

Terms on which assistance under s. 149 is given

152

(1) Financial assistance under section 149 may be given on such terms as the Secretary of State considers appropriate.

(2) The terms may, in particular, include provisions as to—

(a) circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State, and the manner in which that is to be done;

(b) the keeping, and making available for inspection, of accounts and other records.

(3) The person receiving assistance under section 149 must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State.

Directions to certain NHS bodies

153

(1) The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1)—

(a) a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or

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

(2) The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1A).

(3) The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as those functions relate to the establishment of bodies which are to be wholly or mainly engaged in the provision of health services or services connected to health services—

(a) a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or

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

(4) The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as they are not functions to which subsection (3) above applies.

(5) The Secretary of State may give directions to a body about the exercise of any functions that it is directed to exercise under any of subsections (1) to (4).

Arrangements with other third parties

154

(1) The Secretary of State may make arrangements for—

(a) financial assistance under section 149 (1) to be given, or

(b) other functions relating to such assistance to be exercised,

by a person other than a body mentioned in section 153(1) or an English local authority.

(1A) The Secretary of State may make arrangements for—

(a) financial assistance under section 149(1A) to be given, or

(b) other functions relating to such assistance to be exercised,

by a person other than a Special Health Authority (as to Special Health Authorities, see section 153(2)).

(2) A person with whom the Secretary of State makes arrangements under subsection (1) or (1A) is referred to in this section as P.

(3) Arrangements under subsection (1) or (1A) may provide for the functions concerned to be exercised by P—

(a) either wholly or to such extent as may be specified in the arrangements, and

(b) either generally or in such cases or circumstances as may be so specified.

(4) Arrangements under subsection (1) or (1A) may make provision—

(a) subject to section 151(3), as to the forms of financial assistance which may be given by P, and

(b) as to the terms on which financial assistance may be given by P.

(5) Arrangements under subsection (1) or (1A) may—

(a) provide for the Secretary of State to make payments to P, and

(b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.

(6) In subsection (1) “English local authority” includes a non-metropolitan district council for an area for which there is a county council.

Power to form company

155

The Secretary of State may form, or participate in forming, one or more companies with a view to making arrangements under section 154(1) or (1A) with the companies for financial assistance under section 149 to be given, or other functions relating to such assistance to be exercised, by the company.

Interpretation of group of sections

156

(1) In this section and sections 149 to 155 “this group of sections” means this section and those sections.

(2) In this group of sections—

“company” means a company as defined by section 1 of the Companies Act 2006 (c. 46);

“English local authority” means—a county council in England,a metropolitan district council,a non-metropolitan district council for an area for which there is no county council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

“health services” means services which must or may be provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41) or services which are similar to such services;

“prescribed” means prescribed by regulations;

“qualifying body” has the meaning given by section 150;

“regulations” means regulations made by the Secretary of State;

“social care services” means services which an English local authority must or may provide or arrange to be provided under any of the following provisions—......section 117 of the Mental Health Act 1983 (c. 20), andPart 1 of the Care Act 2014,...or services which are similar to such services.

157

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Patient Information Advisory Group (as continued by section 252 of the National Health Service Act 2006 (c. 41)) is abolished.

Duty to consult Board in relation to regulations about patient information

158

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

Functions of Health Protection Agency in relation to biological substances

159

(1) The National Biological Standards Board is abolished (and, accordingly, the Biological Standards Act 1975 (c. 4) ceases to have effect).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further amendments

Minor and consequential amendments relating to Part 5

160

Schedule 14 (which contains further amendments related to the provisions of this Part) has effect.

Part 6 — General

Orders, regulations and directions: general provisions

161

(1) Orders and regulations made under this Act by the Secretary of State, the Treasury, the Privy Council or the Welsh Ministers are to be made by statutory instrument.

(2) Regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 120 and orders made by that Department under section 170(3) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Any power to make orders or regulations mentioned in subsection (1) or (2) and (subject to section 82(2A)) any power of the Secretary of State to give directions under this Act—

(a) may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,

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

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

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

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

(4) Any such power includes power—

(a) to make such supplementary, incidental, consequential or transitional provision or savings as the person exercising the power considers to be appropriate, and

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

Orders and regulations: Parliamentary control

162

(1) Subject to subsection (2), a statutory instrument containing—

(a) an order or regulations made by the Secretary of State under this Act,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) a statutory instrument to which subsection (3) or (4) applies, or

(b) a statutory instrument containing an order made only under section 170(3) (commencement).

(3) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 8(1) (regulated activities),

(b) regulations under section 20 (regulation of regulated activities) which provide that a contravention of or failure to comply with a specified provision of the regulations is an offence punishable with a maximum fine exceeding level 4 on the standard scale,

(d) regulations under section 87(1)(b) (penalty notices: monetary amount of the penalty) which make provision for a penalty payable under a penalty notice to be of an amount which exceeds that equal to level 4 on the standard scale,

(e) the first regulations made by the Secretary of State under section 120 (additional responsibilities of responsible officers),

(f) regulations under section 124 (regulation of social care workers) or section 126 (education and training of approved mental health professionals), or

(g) an order under section 167 which amends or repeals any provision of an Act of Parliament,

unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders and regulations: control by National Assembly for Wales

163

(1) Subject to subsection (2), a statutory instrument containing—

(a) regulations made under this Act by the Welsh Ministers, or

(b) an order under section 167(2) (transitional provision etc.) made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(2) Subsection (1) does not apply to a statutory instrument to which subsection (3) applies.

(3) The Welsh Ministers may not make a statutory instrument containing (whether alone or with other provision)—

(a) the first regulations made by the Welsh Ministers under section 120 (additional responsibilities of responsible officers), ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Regulations: control by Northern Ireland Assembly

164

(1) A statutory rule containing regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 120 (additional responsibilities of responsible officers), other than a statutory rule to which subsection (2) applies, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(2) The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations made by the Department under section 120 unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Directions

165

(1) Any power of the Secretary of State or the Privy Council to give directions under this Act includes power to vary or revoke the directions by subsequent directions.

(2) Subject to subsection (3), a direction under this Act by the Secretary of State or the Privy Council must be given by an instrument in writing.

(3) A direction under section 82 must be given by regulations or by an instrument in writing.

Repeals

166

The enactments mentioned in Schedule 15 are repealed to the extent specified.

Power to make transitional and consequential provision etc.

167

(1) The Secretary of State may by order make—

(a) such transitional or transitory provisions or savings as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act in relation to which the Secretary of State is the appropriate authority for the purposes of section 170(3), and

(b) such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) The Welsh Ministers may by order make such transitional or transitory provisions or savings as the Welsh Ministers consider appropriate in connection with the coming into force of any provision of this Act in relation to which the Welsh Ministers are the appropriate authority for the purposes of section 170(3).

(3) An order under this section may amend, repeal, revoke or otherwise modify any enactment.

(4) An order under this section may, in particular, provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order.

(5) Before making an order under this section containing provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.

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

(7) In this section “enactment” means an enactment contained in, or in an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation.

Financial provisions

168

(1) There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by virtue of this Act by a Minister of the Crown or government department, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2) There are to be paid into the Consolidated Fund sums received by a Minister of the Crown or government department by virtue of this Act.

Extent

169

(1) Subject to the following provisions of this section, this Act extends to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 73 (arrangements between Care Quality Commission and Ministers),

(b) section 97 (general interpretation of Part 1),

(d) sections 137 and 138 (health in pregnancy grant),

(e) section 145 (Human Rights Act 1998: provision of certain social care to be public function),

(f) section 159 (functions of Health Protection Agency in relation to biological substances), and

(g) sections 161, 162, 165, 167, 168, this section and sections 170 to 173 (general provisions).

(3) The following provisions extend to England and Wales and Scotland only—

(a) sections 131 to 133 (health in pregnancy grant: Great Britain),

(b) the repeal effected by this Act in section 16(2)(a)(v) of the Maintenance Orders Act 1950 (c. 37), and

(4) The following provisions extend to England and Wales and Northern Ireland only—

(a) section 74 (arrangements between Care Quality Commission and Northern Ireland Ministers), and

(b) section 120 (additional responsibilities of responsible officers: England and Wales and Northern Ireland) and section 122 (Crown application) so far as relating to that section.

(5) The following provisions extend to Northern Ireland only—

(a) sections 134 to 136 (health in pregnancy grant: Northern Ireland), and

(b) section 164 (regulations: control by Northern Ireland Assembly).

(6) The amendment, repeal or revocation by this Act of any enactment has the same extent as the enactment amended, revoked or repealed, but subject to subsection (7).

(7) Subsection (6) does not apply to the repeals in Part 5 of Schedule 15; and accordingly those repeals, apart from the repeal mentioned in subsection (3)(b), extend to England and Wales only.

Commencement

170

(1) The following provisions come into force on the day on which this Act is passed—

(a) the provisions of this Part, except section 166 and Schedule 15 (repeals), and

(b) any other provision of this Act—

(i) so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make orders or regulations that is conferred by the provision or by any amendment made by the provision, or

(ii) so far as the provision, or any amendment made by the provision, defines any expression relevant to the exercise of any such power.

(2) Subsection (1)(b) does not apply to section 111 or Schedule 8 (extension of powers under s. 60 of Health Act 1999).

(3) Except as provided by subsection (1), the provisions of this Act come into force on such day as the appropriate authority (as determined by section 171) may by order appoint.

(4) Different days may be appointed under subsection (3) for different purposes.

The appropriate authority by whom commencement order is made

171

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Health and Social Care Act 2008

Further amendments relating to public health protection

130

Part 4 — Health in pregnancy grant

England, Wales and Scotland

Entitlement: Great Britain

131

Administration: Great Britain

132

Penalty: Great Britain

133

Northern Ireland

Entitlement: Northern Ireland

134

Administration: Northern Ireland

135

Penalty: Northern Ireland

136

Northern Ireland: health in pregnancy grant to be excepted matter

137

General and supplementary

General and supplementary

138

Part 5 — Miscellaneous

Amendments relating to National Health Service

Duty of Primary Care Trusts

139

Pharmaceutical services

140

Remuneration for persons providing pharmaceutical services

141

Indemnity schemes in connection with provision of health services

142

Weighing and measuring of children

Weighing and measuring of children: England

143

Weighing and measuring of children: Wales

144

Social care

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

145

Direct payments in lieu of provision of care services

146

Abolition of maintenance liability of relatives

147

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

148

Financial assistance related to provision of health or social care services

Power of Secretary of State to give financial assistance

149

Qualifying bodies

150

Forms of assistance under s. 149

151

Terms on which assistance under s. 149 is given

152

Directions to certain NHS bodies

153

Arrangements with other third parties

154

Power to form company

155

Interpretation of group of sections

156

National Information Governance Board for Health and Social Care

National Information Governance Board for Health and Social Care

157

Duty to consult Board in relation to regulations about patient information

158

Functions of Health Protection Agency in relation to biological substances

Functions of Health Protection Agency in relation to biological substances

159

Further amendments

Minor and consequential amendments relating to Part 5

160

Part 6 — General

Orders, regulations and directions: general provisions

161

Orders and regulations: Parliamentary control

162