Legalize / United Kingdom / Public General Act

Care Act 2014

Type Public General Act

Publication 2014-05-14

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) in paragraph (2), for “the Secretary of State” substitute “ the Health Research Authority ”.

Patient information

Approval for processing confidential patient information

117

(1) The Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) are amended as follows.

(2) In regulation 5 (the title to which becomes “ Approval for processing information ”)—

(a) the existing text becomes paragraph (1), and

(b) in sub-paragraph (a) of that paragraph, for “both the Secretary of State and a research ethics committee” substitute “ the Health Research Authority ”.

(3) After paragraph (1) of that regulation insert—

(2) The Health Research Authority may not give an approval under paragraph (1)(a) unless a research ethics committee has approved the medical research concerned.

(4) After paragraph (2) of that regulation insert—

(3) The Health Research Authority shall put in place and operate a system for reviewing decisions it makes under paragraph (1)(a).

(5) In regulation 6 (registration requirements in relation to information), in paragraph (1)—

(a) before “the Secretary of State” insert “ the Health Research Authority or ”, and

(b) before “he” insert “ it or ”.

(6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “ the Health Research Authority or (as the case may be) ”.

(7) In paragraph (3) of that regulation, for the words from the beginning to “in the register” substitute “ The Health Research Authority shall retain the particulars of each entry it records in the register, and the Secretary of State shall retain the particulars of each entry he records in the register, ”.

(8) For paragraph (4) of that regulation substitute—

(4) The Health Research Authority shall, in such manner and to such extent as it considers appropriate, publish entries it records in the register; and the Secretary of State shall, in such manner and to such extent as he considers appropriate, publish entries he records in the register.

CHAPTER 3 — Chapters 1 and 2: supplementary

Miscellaneous

Transfer orders

118

(1) An order under ... section 109 (establishment of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to an individual's contract of employment.

(2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(3) A transfer order may provide for the transfer of property, rights or liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise apply.

(4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.

(5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(6) A transfer order may in particular make provision about continuation of legal proceedings.

General

Chapters 1 and 2: interpretation and supplementary provision

119

(1) For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or otherwise explained by the provision of this Act specified in the second column.

Expression	Provision
. . .	. . .
. . .	. . .
Devolved authority	Section 126
Devolved legislature	Section 126
Direct or direction	Subsection (2) below
Enactment	Section 126
Financial year	Section 126
Health care workers	Section 97
Health research	Section 110
The health service	Section 126
Health services	Section 99
. . .	. . .
The HRA	Section 109
. . .	. . .
Social care research	Section 110

(2) A power under Chapter 1 or 2 to give a direction—

(a) includes a power to vary or revoke the direction by a subsequent direction, and

(b) must be exercised by giving the direction in question in writing.

(3) The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.

CHAPTER 4 — Trust special administration

Powers of administrator etc.

120

(1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2: interpretation) (the existing text of which becomes subsection (1)) at the end insert—

(2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust. (3) The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.

(2) In section 65F of that Act (administrator's draft report), in subsection (1), for “45 working days” substitute “ 65 working days ”.

(3) In subsection (5)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute

— (i) would achieve the objective set out in section 65DA(1)(a), and (ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,

(4) After subsection (7) of that section insert—

(8) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action. (9) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met. (10) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.

(5) In section 65G of that Act (consultation plan), in subsection (2), for “30 working days” substitute “ 40 working days ”.

(6) In subsection (4)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute

— (i) would achieve the objective set out in section 65DA(1)(a), and (ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,

(7) After subsection (6) of that section insert—

(7) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.” (8) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (4) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met. (9) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.

(8) In section 65H of that Act (consultation requirements), in subsection (4)—

(a) after “trust special administrator must” insert

— (a)

, and

(b) at the end insert

, and (b) in the case of each affected trust, hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.

(9) In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) inserted by section 85(10)(a) of this Act) insert—

(bza) any affected trust; (bzb) any person to which an affected trust provides goods or services under this Act that would be affected by the action recommended in the draft report; (bzc) any local authority in whose area the trust provides goods or services under this Act; (bzd) any local authority in whose area an affected trust provides goods or services under this Act; (bze) any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or (bzd);

(10) In subsection (8) of that section, omit paragraph (e).

(11) In subsection (9) of that section—

(a) after “trust special administrator must” insert

— (a)

(b) after “subsection (7)(b),” (but before the insertion made by section 85(10)(b) of this Act) insert “ (bzb), ”, and

(b) hold at least one meeting to seek responses from representatives of each of the trusts from which the administrator must request a written response under subsection (7)(bza), and (c) hold at least one meeting to seek responses from representatives of each of the local authorities and Local Healthwatch organisations from which the administrator must request a written response under subsection (7)(bzc), (bzd) and (bze).

(12) After subsection (11) of that section, insert—

(11A) In this section, “affected trust” means— (a) where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods or services under this Act that would be affected by the action recommended in the draft report; (b) where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which provides services under this Act that would be affected by the action recommended in the draft report. (11B) In this section, a reference to a local authority includes a reference to the council of a district only where the district is comprised in an area for which there is no county council.

(13) In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “ , (bzb), (bzc) and (bzd) ”.

(14) In section 65N of that Act (guidance), after subsection (1) insert—

(1A) It must, in so far as it applies to NHS trusts, include guidance about— (a) seeking the support of commissioners for an administrator's recommendation; (b) involving the Board in relation to finalising an administrator's report or draft report.

(15) In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the end insert—

(4) This section does not require the Board to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).

(16) In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end insert—

(7) This section does not require a clinical commissioning group to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).

(17) In section 242 of that Act (public involvement and consultation by NHS trusts and foundation trusts), in subsection (6)—

(a) for “65I, 65R or 65U” substitute “ or 65I ”, and

(b) for the words from “the decision” to the end substitute “ the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be). ”

(18) In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)—

(a) after paragraph 4 insert—

(4A) In section 13Q(4) (public involvement and consultation by Board), omit “makes a decision under section 65K(1),”. (4B) In section 14Z2 (public involvement and consultation by clinical commissioning groups), omit “makes a decision under section 65K(1),”.

(b) in paragraph 15(4), in the new subsection (2A) to be inserted into section 65F of the National Health Service Act 2006, in paragraph (a), for “would achieve the objective set out in section 65DA(1)(a)” substitute

— (i) would achieve the objective set out in section 65DA(1)(a), and (ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust that provides services under this Act to the commissioner,

(2D) Where the administrator recommends taking action in relation to another NHS foundation trust, the references in subsection (2A) to a commissioner also include a reference to a person to which the other NHS foundation trust provides services under this Act that would be affected by the action. (2E) A service provided by an NHS foundation trust is an essential service for the purposes of subsection (2A) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met. (2F) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.

(d) in paragraph 15, after sub-paragraph (7) insert—

(8) Omit subsections (8) to (10).

(e) in paragraph 16 (the text of which becomes sub-paragraph (1)) at the end insert—

(2) In subsection (4)(a)(ii) of that section, omit “or NHS trust”. (3) In subsection (7) of that section, omit “or an NHS trust” and “or the NHS trust”. (4) In subsection (8) of that section, omit “or an NHS trust”.

(f) in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute “ paragraphs (b), (bzb), (bzc) and (bzd) ”,

(g) in that paragraph, after sub-paragraph (4) insert—

(4A) In subsection (11A)— (a) omit paragraph (a), and (b) in paragraph (b), omit “where the trust in question is an NHS foundation trust,” and “, or an NHS trust,”.

(h) in paragraph 24, after sub-paragraph (2) insert—

(2A) Omit subsection (1A).

(i) after that paragraph insert—

(24A) In section 65O (interpretation)— (a) omit subsection (2), and (b) in subsection (3), omit “or an NHS trust”.

, and

(j) in paragraph 35, omit the “and” preceding paragraph (d) and after that paragraph insert

, and (e) in subsection (6), omit “makes a decision under section 65K(1),”.

Integration fund

Integration of care and support with health services etc: integration fund

121

(1) At the end of section 223B of the National Health Service Act 2006 (funding of the National Health Service Commissioning Board) insert—

(6) Where the mandate specifies objectives relating to service integration, the requirements that may be specified under section 13A(2)(b) include such requirements relating to the use by the Board of an amount of the sums paid to it under this section as the Secretary of State considers it necessary or expedient to impose. (7) The amount referred to in subsection (6)— (a) is to be determined in such manner as the Secretary of State considers appropriate, and (b) must be specified in the mandate. (8) The reference in subsection (6) to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z1.

(2) After section 223G of that Act (meeting expenditure of clinical commissioning groups out of public funds) insert—

(223GA) (1) Where the mandate includes a requirement in reliance on section 223B(6) (requirements relating to use by the Board of an amount paid to the Board where mandate specifies service integration objectives), the Board may direct a clinical commissioning group that an amount (a “designated amount”) of the sums paid to the group under section 223G is to be used for purposes relating to service integration. (2) The designated amount is to be determined— (a) where the mandate includes a requirement (in reliance on section 223B(6)) that designated amounts are to be determined by the Board in a manner specified in the mandate, in that manner; (b) in any other case, in such manner as the Board considers appropriate. (3) The conditions under section 223G(7) subject to which the payment of a designated amount is made must include a condition that the group transfers the amount into one or more funds (“pooled funds”) established under arrangements under section 75(2)(a) (“pooling arrangements”). (4) The conditions may also include— (a) conditions relating to the preparation and agreement by the group and each local authority and other clinical commissioning group that is party to the pooling arrangements of a plan for how to use the designated amount (a “spending plan”); (b) conditions relating to the approval of a spending plan by the Board; (c) conditions relating to the inclusion of performance objectives in a spending plan; (d) conditions relating to the meeting of any performance objectives included in a spending plan or specified by the Board. (5) Where a condition subject to which the payment of a designated amount is made is not met, the Board may— (a) withhold the payment (in so far as it has not been made); (b) recover the payment (in so far as it has been made); (c) direct the clinical commissioning group as to the use of the designated amount for purposes relating to service integration or for making payments under section 256. (6) Where the Board withholds or recovers a payment under subsection (5)(a) or (b)— (a) it may use the amount for purposes consistent with such objectives and requirements relating to service integration as are specified in the mandate, and (b) in so far as the exercise of the power under paragraph (a) involves making a payment to a different clinical commissioning group or some other person, the making of the payment is subject to such conditions as the Board may determine. (7) The requirements that may be specified in the mandate in reliance on section 223B(6) include requirements to consult the Secretary of State or other specified persons before exercising a power under subsection (5) or (6). (8) The power under subsection (5)(b) to recover a payment may be exercised in a financial year after the one in respect of which the payment was made. (9) The payments that may be made out of a pooled fund into which a designated amount is transferred include payments to a local authority which is not party to the pooling arrangements in question in connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (disabilities facilities grants). (10) In exercising a power under this section, the Board must have regard to the extent to which there is a need for the provision of each of the following— (a) health services (see subsection (12)), (b) health-related services (within the meaning given in section 14Z1), and (c) social care services (within the meaning given in that section). (11) A reference in this section to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z1. (12) “Health services” means services provided as part of the health service in England.

Information

122

(1) Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre) is amended as follows.

(2) In section 253(1) (general duties), after paragraph (c) (but before the “and” after it) insert—

(ca) the need to respect and promote the privacy of recipients of health services and of adult social care in England,

(3) In section 261 (other dissemination of information), after subsection (1) insert—

(1A) But the Information Centre may do so only if it considers that disseminating the information would be for the purposes of— (a) the provision of health care or adult social care, or (b) the promotion of health.

(4) After section 262 insert—

(262A) In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).

PART 5 — General

Power to make consequential provision

123

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

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

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

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

(a) another provision of the order,

(b) a provision of this Act, or

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

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

Power to make transitional etc. provision

124

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

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

(a) another provision of this Act, or

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

Regulations and orders

125

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ka) regulations under section 72A (6) (modification of enactments where local authority functions are exercised by the Secretary of State or a nominee);

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

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

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

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

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

(6) Subsection (3) does not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

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

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

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

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

General interpretation

126

In this Act—

“devolved authority” means the Scottish Ministers, the Welsh Ministers or the Department for Health, Social Services and Public Safety in Northern Ireland,

“devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly,

“enactment” includes—an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), andan enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,

“financial year” means a period of 12 months ending with 31 March (but see also the definition of that expression in paragraph 3 of Schedule 2... and paragraph 19 of Schedule 7), and

“the health service” means the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.

Commencement

127

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

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

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

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

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

Extent and application

128

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

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

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

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

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

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

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

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

(g) this Part;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Short title

129

This Act may be cited as the Care Act 2014.

SCHEDULE 1

Placements from England to Wales, Scotland or Northern Ireland

1

(1) Where a local authority in England is meeting an adult's needs for care and support by arranging for the provision of accommodation in Wales, the adult—

(a) is to be treated for the purposes of this Part as ordinarily resident in the local authority's area, and

(b) is accordingly not to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as ordinarily resident anywhere in Wales.

(2) Where a local authority in England, in reliance on section 22(4), is making arrangements which include the provision of accommodation in Wales, section 22(4) is to have effect as if for paragraph (a) there were substituted—

(a) the authority has obtained consent for it to arrange for the provision of the nursing care from the Local Health Board for the area in which the accommodation is provided,

(3) Where a local authority in England is meeting an adult's needs for care and support by arranging for the provision of accommodation in Scotland—

(a) the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority's area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies in the adult's case.

(4) Where a local authority in England is meeting an adult's needs for care and support by arranging for the provision of accommodation in Northern Ireland—

(a) the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority's area, and

(b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the adult's case.

(5) Section 22 (prohibition on provision of health services) is to have effect—

(a) in its application to a case within sub-paragraph (1)—

(i) as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to the National Health Service (Wales) Act 2006, and

(ii) as if the reference in subsection (6) to an integrated care board or NHS England included a reference to a Local Health Board;

(b) in its application to a case within sub-paragraph (3)—

(i) as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to the National Health Service (Scotland) Act 1978, and

(ii) as if the reference in subsection (6) to an integrated care board or NHS England included a reference to a Health Board or Special Health Board;

(i) as if the references in subsections (1) and (6) to a service or facility provided under the National Health Service Act 2006 included a reference to health care provided under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009, and

(ii) as if the reference in subsection (6) to an integrated care board or NHS England included a reference to a Health and Social Care trust.

(6) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.

(7) The regulations may specify circumstances in which, in a case within sub-paragraph (3), specified duties under Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and paragraph (b) of that sub-paragraph is to be read accordingly).

Placements from Wales to England, Scotland or Northern Ireland

2

(1) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and Well-being (Wales) Act 2014 by arranging for the provision of accommodation in England, the adult concerned—

(a) is to be treated for the purposes of that Act as ordinarily resident in the local authority's area, and

(b) is accordingly not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in England.

(2) Where a local authority in Wales is arranging for the provision of accommodation in England in the exercise of its power under section 36 of the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority's area immediately before being provided by the local authority with accommodation in England, as remaining within that area;

(ii) in a case where the adult was outside but ordinarily resident in the local authority's area immediately before being provided by the local authority with accommodation in England, as remaining outside but ordinarily resident in that area, and

(b) the adult concerned is not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in England (unless the adult was so ordinarily resident immediately before being provided by the local authority with accommodation in England).

(3) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and Well-being (Wales) Act 2014 by arranging for the provision of accommodation in Scotland—

(a) the adult is to be treated for the purposes of that Act as ordinarily resident in the local authority's area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies in the adult's case.

(4) Where a local authority in Wales is arranging for the provision of accommodation in Scotland in the exercise of its power under section 36 of the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority's area immediately before being provided by the local authority with accommodation in Scotland, as remaining within that area;

(ii) in a case where the adult was outside but ordinarily resident in the local authority's area immediately before being provided by the local authority with accommodation in Scotland, as remaining outside but ordinarily resident in that area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies in the adult's case.

(5) But paragraph (b) of sub-paragraph (4) does not prevent a duty mentioned in that paragraph from applying in the case of an adult who was ordinarily resident in Scotland immediately before being provided by the local authority with accommodation in Scotland.

(6) Where a local authority in Wales is discharging its duty under section 35 of the Social Services and Well-being (Wales) Act 2014 by arranging for the provision of accommodation in Northern Ireland—

(a) the adult is to be treated for the purposes of that Act as ordinarily resident in the local authority's area, and

(b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the adult's case.

(7) Where a local authority in Wales is arranging for the provision of accommodation in Northern Ireland in the exercise of its power under section 36 of the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority's area immediately before being provided by the local authority with accommodation in Northern Ireland, as remaining within that area;

(ii) in a case where the adult was outside but ordinarily resident in the local authority's area immediately before being provided by the local authority with accommodation in Northern Ireland, as remaining outside but ordinarily resident in that area, and

(b) no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the adult's case.

(8) But paragraph (b) of sub-paragraph (7) does not prevent a duty mentioned in that paragraph from applying in the case of an adult who was ordinarily resident in Northern Ireland immediately before being provided by the local authority with accommodation in Northern Ireland.

(9) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.

(10) The regulations may specify circumstances in which, in a case within sub-paragraph (3) or (4), specified duties under Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and paragraph (b) of each of those sub-paragraphs is to be read accordingly).

Placements from Scotland to England, Wales or Northern Ireland

3

(1) Where a local authority in Scotland is discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 by securing the provision of accommodation in England, the adult in question is not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in England.

(2) Where a local authority in Scotland is discharging its duty under a provision referred to in sub-paragraph (1) by securing the provision of accommodation in Wales, the adult in question is not to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as ordinarily resident anywhere in Wales.

(3) Where a local authority in Scotland is discharging its duty under a provision referred to in sub-paragraph (1) by securing the provision of accommodation in Northern Ireland, no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the case of the adult in question.

(4) In section 5 of the Community Care and Health (Scotland) Act 2002 (local authority arrangements for residential accommodation outside Scotland)—

(a) in subsection (1), after “the 1968 Act” insert “ or under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support) ”,

(b) in subsection (2), for “such arrangements” substitute “ persons for whom such arrangements are made ”, and

(5) In subsections (1) and (3) above, “appropriate establishment” means an establishment of such description or conforming to such requirements as may be specified in regulations under subsection (1).

(5) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.

Placements from Northern Ireland to England, Wales or Scotland

4

(1) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 for the provision of accommodation in England, the adult in question—

(a) is to be treated for the purposes of that Order and the Health and Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily resident in the area of the relevant Health and Social Care trust, and

(b) is accordingly not to be treated for the purposes of this Part of this Act as ordinarily resident anywhere in England.

(2) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 for the provision of accommodation in Wales, the adult in question—

(a) is to be treated for the purposes of that Order and the Health and Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily resident in the area of the relevant Health and Social Care trust, and

(b) is accordingly not to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as ordinarily resident anywhere in Wales.

(3) Where there are arrangements under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 for the provision of accommodation in Scotland—

(a) the adult in question is to be treated for the purposes of that Order and the Health and Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily resident in the area of the relevant Health and Social Care trust, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies in the adult's case.

(4) The reference to the relevant Health and Social Care trust is a reference to the Health and Social Care trust in whose area the adult in question was ordinarily resident immediately before the making of arrangements of the kind referred to in this paragraph.

(5) Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.

(6) The regulations may specify circumstances in which, in a case within sub-paragraph (3), specified duties under Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and paragraph (b) of that sub-paragraph is to be read accordingly).

Dispute resolution

5

(1) Any dispute about the application of any of paragraphs 1 to 4 to an adult's case is to be determined in accordance with this paragraph.

(2) If the dispute is between a local authority in England and a local authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.

(3) If the dispute is between a local authority in England and a local authority in Scotland, it is to be determined by the Secretary of State or the Scottish Ministers.

(4) If the dispute is between a local authority in England and a Health and Social Care trust, it is to be determined by the Secretary of State or the Northern Ireland Department.

(5) If the dispute is between a local authority in Wales and a local authority in Scotland, it is to be determined by the Welsh Ministers or the Scottish Ministers.

(6) If the dispute is between a local authority in Wales and a Health and Social Care trust, it is to be determined by the Welsh Ministers or the Northern Ireland Department.

(7) If the dispute is between a local authority in Scotland and a Health and Social Care trust, it is to be determined by the Scottish Ministers or the Northern Ireland Department.

(8) In Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972, after paragraph (2) insert—

(2A) Any question under this Order as to the ordinary residence of a person is to be determined by the Department.

(9) Regulations must make provision for determining which of the persons concerned is to determine the dispute; and the regulations may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.

(10) Regulations may make provision for the determination of disputes between more than two parties.

(11) Regulations may make further provision about determination of disputes under this paragraph or under regulations under sub-paragraph (10); the regulations may, for example, include—

(a) provision requiring parties to a dispute to take specified steps before referring the dispute for determination under this paragraph;

(b) provision about the procedure for referring the dispute under this paragraph.

Financial adjustments

6

(1) This paragraph applies where—

(a) an adult has been provided with accommodation in England, Wales, Scotland or Northern Ireland, and

(b) it transpires (whether following the determination of a dispute under paragraph 5 or otherwise) that an authority in another of the territories was, for some or all of the time that the accommodation was being provided, liable to provide the adult with accommodation.

(2) The authority which made the arrangements may recover from the authority in the other territory the amount of any payments it made towards the making of the arrangements at a time when the other authority was liable to provide the adult with accommodation.

(3) A reference to an authority is a reference to a local authority in England, Wales or Scotland or a Health and Social Care trust in Northern Ireland.

7

(1) In section 86 of the Social Work (Scotland) Act 1968 (adjustments between authorities providing accommodation), in subsections (1) and (10), after “a local authority in England or Wales” insert “ and to a Health and Social Care trust in Northern Ireland ”.

(2) In subsection (2) of that section, after “the ordinary residence of a person shall” insert “ , in a case where there is a dispute about the application of any of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014 (cross-border placements), be determined in accordance with paragraph 5 of that Schedule; and in any other case, the question shall ”.

(3) After subsection (10) of that section insert—

(10A) A person who, as a result of Schedule 1 to the Care Act 2014 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section. (10B) A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.

(4) In section 97 of that Act (extent)—

(a) in subsection (1), for “sections 86 and 87” substitute “ section 87 ”, and

(b) after that subsection insert—

(1A) Section 86 of this Act shall extend to England and Wales and to Northern Ireland.

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

8

(1) In a case where, as a result of this Schedule, an adult is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be), the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.

(2) In a case where, as a result of this Schedule, an adult is not treated as ordinarily resident anywhere in England or Wales (as the case may be), the adult continues not to be so treated even if the adult is provided with NHS accommodation.

(3) In a case where, as a result of this Schedule, no duty under a relevant enactment applies, the duty does not apply merely because the adult in question is provided with NHS accommodation; and for this purpose “relevant enactment” means—

(a) Part 2 of the Social Work (Scotland) Act 1968,

(b) sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

(d) the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(4) In a case where, as a result of paragraph 2(2), (4) or (7), an adult is treated as remaining within, or as remaining outside but ordinarily resident in, an area in Wales, the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.

Direct payments

9

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

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

(a) under section 49A(1)(a) or (c) of or Schedule A1 to the Social Services and Well-being (Wales) Act 2014,

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

Particular types of accommodation

10

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

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

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

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

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

Regulations

11

Regulations under this Schedule—

(a) if they include provision relating to Wales, may not be made without the consent of the Welsh Ministers;

(b) if they include provision relating to Scotland, may not be made without the consent of the Scottish Ministers;

(c) if they include provision relating to Northern Ireland, may not be made without the consent of the Northern Ireland Department.

Interpretation

12

(1) This paragraph applies for the purposes of this Schedule.

(2) “Accommodation in England” means accommodation in England of a type specified in regulations under section 39 but not of a type specified in regulations under this paragraph.

(3) “Accommodation in Wales” means accommodation in Wales of a type specified in regulations under section 194 of the Social Services and Well-being (Wales) Act 2014 but not of a type specified in regulations under this paragraph.

(4) “Accommodation in Scotland” means residential accommodation in Scotland of a type which may be provided under or by virtue of section 12 or 13A of the Social Work (Scotland) Act 1968, or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003, but not of a type specified in regulations under this paragraph.

(5) “Accommodation in Northern Ireland” means residential or other accommodation in Northern Ireland of a type which may be provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972.

(6) “Local authority in England” means a local authority for the purposes of this Part.

(7) “Local authority in Wales” means a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014.

(8) “Local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(9) “The Northern Ireland Department” means the Department of Health, Social Services and Public Safety in Northern Ireland.

(10) “NHS accommodation” has the meaning given in section 39(6).

Consequential provision

13

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

(8) For provision about cross-border placements to and from England, Scotland or Northern Ireland, see Schedule 1 to the Care Act 2014. (8) Am ddarpariaeth ynghylch lleoliadau trawsffiniol i Loegr, yr Alban neu Ogledd Iwerddon neu o Loegr, yr Alban neu Ogledd Iwerddon, gweler Atodlen 1 i Ddeddf Gofal 2014.

Transitory provision

14

(1) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014, this Schedule is to have effect with the modifications set out in this paragraph.

(2) A reference to that Act in paragraphs 1, 3 and 4 is to be read as a reference to Part 3 of the National Assistance Act 1948.

(3) In paragraph 2—

(a) the references in sub-paragraphs (1), (3) and (6) to discharging a duty under section 35 of the Social Services and Well-being (Wales) Act 2014 by arranging for the provision of accommodation are to be read as references to providing residential accommodation under Part 3 of the National Assistance Act 1948;

(b) the references in paragraph (a) of each of those sub-paragraphs to the Social Services and Well-being (Wales) Act 2014 are to be read as references to Part 3 of the National Assistance Act 1948;

(d) in sub-paragraph (10), the references to sub-paragraph (4) and paragraph (b) of sub-paragraph (4) are to be ignored.

(4) In paragraph 9, the reference to sections 50 and 52 of the Social Services and Well-being (Wales) Act 2014 is to be read as a reference to section 57 of the Health and Social Care Act 2001.

(5) In paragraph 12, sub-paragraph (3) is to be read as if the following were substituted for it—

(3) Accommodation in Wales” means residential accommodation in Wales of a type that may be provided under Part 3 of the National Assistance Act 1948 but not of a type specified in regulations under this paragraph.

(6) In that paragraph, sub-paragraph (7) is to be read as if the following were substituted for it—

(7) Local authority in Wales” means a local authority in Wales for the purposes of Part 3 of the National Assistance Act 1948.

(7) This paragraph does not affect the generality of section 124(2).

SCHEDULE 2

Membership, etc.

1

(1) The members of an SAB are—

(a) the local authority which established it,

(b) an integrated care board the whole or part of whose area is in the local authority's area,

(d) such persons, or persons of such description, as may be specified in regulations.

(2) The membership of an SAB may also include such other persons as the local authority which established it, having consulted the other members listed in sub-paragraph (1), considers appropriate.

(3) A local authority, having consulted the other members of its SAB, must appoint as the chair a person whom the authority considers to have the required skills and experience.

(4) Each member of an SAB must appoint a person to represent it on the SAB; and the representative must be a person whom the member considers to have the required skills and experience.

(5) Where more than one integrated care board or more than one chief officer of police comes within sub-paragraph (1), a person may represent more than one of the integrated care boards or chief officers of police.

(6) The members of an SAB (other than the local authority which established it) must, in acting as such, have regard to such guidance as the Secretary of State may issue.

(7) Guidance for the local authority on acting as a member of the SAB is to be included in the guidance issued for the purposes of section 78(1).

(8) An SAB may regulate its own procedure.

Funding and other resources

2

(1) A member of an SAB listed in paragraph 1(1) may make payments towards expenditure incurred by, or for purposes connected with, the SAB—

(a) by making the payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(2) A member of an SAB listed in paragraph 1(1) may provide staff, goods, services, accommodation or other resources for purposes connected with the SAB.

Strategic plan

3

(1) An SAB must publish for each financial year a plan (its “strategic plan”) which sets out—

(a) its strategy for achieving its objective (see section 43), and

(b) what each member is to do to implement that strategy.

(2) In preparing its strategic plan, the SAB must—

(a) consult the Local Healthwatch organisation for its area, and

(b) involve the community in its area.

(3) In this paragraph and paragraph 4, “financial year”, in relation to an SAB, includes the period—

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

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

Annual report

4

(1) As soon as is feasible after the end of each financial year, an SAB must publish a report on—

(a) what it has done during that year to achieve its objective,

(b) what it has done during that year to implement its strategy,

(d) the findings of the reviews arranged by it under section 44 (safeguarding adults reviews) which have concluded in that year (whether or not they began in that year),

(e) the reviews arranged by it under that section which are ongoing at the end of that year (whether or not they began in that year),

(f) what it has done during that year to implement the findings of reviews arranged by it under that section, and

(g) where it decides during that year not to implement a finding of a review arranged by it under that section, the reasons for its decision.

(2) The SAB must send a copy of the report to—

(a) the chief executive and the leader of the local authority which established the SAB,

(b) the local policing body the whole or part of whose area is in the local authority's area,

(d) the chair of the Health and Wellbeing Board for that area.

(3) “Local policing body” has the meaning given by section 101 of the Police Act 1996.

SCHEDULE 3

Cases where hospital patient is likely to have care and support needs after discharge

1

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

Assessment notice given by responsible NHS body to local authority

2

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

3

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

Cases where discharge of the patient is delayed

4

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

Delegation to management of independent hospital

5

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

Adjustments between local authorities

6

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

Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.

7

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

Further provision about assessment notices, discharge notices, etc.

8

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

SCHEDULE 4

PART 1 — After-care under the Mental Health Act 1983: direct payments

1

(1) Sections 31 (adults with capacity to request direct payments), 32 (adults without capacity to request direct payments) and 33 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if the following modifications were made to those sections.

(2) For subsection (1) of section 31, substitute—

(1) This section applies where an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies requests the local authority to make payments to the adult or a person nominated by the adult that are equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section.

(3) In subsection (5) of that section—

(a) in paragraph (a), for “meeting the adult's needs” substitute “ discharging its duty under section 117 of the Mental Health Act 1983 ”, and

(b) in paragraph (b), for “to meet the adult's needs” substitute “ to discharge its duty under that section ”.

(4) In subsection (7) of that section, for “to meet the needs in question” substitute “ to discharge its duty under section 117 of the Mental Health Act 1983 ”.

(5) For subsection (1) of section 32, substitute—

(1) This section applies where— (a) an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies lacks capacity to request the local authority to make payments equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section, and (b) an authorised person requests the local authority to make such payments to the authorised person.

(6) In subsection (4)(a) of that section, for “the adult's needs for care and support” substitute “ the provision to the adult of after-care services under section 117 of the Mental Health Act 1983 ”.

(7) In subsection (6) of that section—

(a) in paragraph (a), for “meeting the adult's needs” substitute “ discharging its duty under section 117 of the Mental Health Act 1983 ”, and

(b) in paragraph (b), for “to meet the adult's needs” substitute “ to discharge its duty under that section ”.

(8) In subsection (7) of that section, for “the provision of the care and support” substitute “ the provision of after-care services under section 117 of the Mental Health Act 1983 ”.

(9) In subsection (9) of that section, for “to meet the needs in question” substitute “ to discharge its duty under section 117 of the Mental Health Act 1983 ”.

(10) In subsection (2)(a) of section 33, for “meet needs” substitute “ discharge its duty under section 117 of the Mental Health Act 1983 ”.

(11) For subsection (3) of that section, substitute—

(3) A direct payment is made on condition that it be used only to pay for arrangements under which after-care services for the adult are provided under section 117 of the Mental Health Act 1983.

SCHEDULE 5

PART 1 — Constitution

Membership

1

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

2

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

Non-executive members: terms of office

3

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

Non-executive members: suspension from office

4

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

5

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

Non-executive members: pay

6

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

Employees: terms of office

7

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

Employees: pay

8

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

Committees and sub-committees

9

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

Procedure

10

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

Seal and evidence

11

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

Status of HEE

12

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

PART 2 — Functions

Exercise of functions

13

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

Help or advice for other public authorities

14

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

Co-operation

15

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

NHS contracts

16

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

Arrangements with devolved authorities

17

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

Failure to exercise functions

18

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

PART 3 — Finance and reports

Funding

19

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

Financial duties: expenditure

20

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

Financial duties: use of generated income

21

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

Financial duties: controls on total resource use

22

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

Financial duties: additional controls on resource use

23

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

Losses and liabilities etc

24

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

Accounts

25

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

Annual accounts

26

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

Interim accounts

27

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

Annual report

28

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

PART 4 — Consequential amendments

Public Records Act 1958

29

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

Public Bodies (Admission to Meetings) Act 1960

30

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

Parliamentary Commissioner Act 1967

31

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

House of Commons Disqualification Act 1975

32

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

33

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

Freedom of Information Act 2000

34

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

Equality Act 2010

35

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

SCHEDULE 6

The area for which an LETB is appointed

1

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

Assessment of whether the appointment criteria are being met in relation to LETBs

2

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

Publication and review of the appointment criteria

3

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

Exercise of functions

4

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

SCHEDULE 7

PART 1 — Constitution

Membership

1

(1) The HRA consists of—

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

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

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

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

(a) are not employees of the HRA, and

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

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

(a) are employees of the HRA, and

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

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

Non-executive members: terms of office

2

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

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

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

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

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

(a) incapacity;

(b) misbehaviour;

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

Non-executive members: suspension from office

3

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

(2) The notice may be—

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

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

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

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

(5) The Secretary of State—

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

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

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

(a) revoke the suspension, or

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

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

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

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

4

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

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

(a) the period ending with either—

(i) the appointment of a new chair, or

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

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

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

Non-executive members: pay

5

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

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

Employees: terms of office

6

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

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

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

Employees: pay

7

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

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

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

Committees and sub-committees

8

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

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

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

(i) the exercise by NHS England of functions conferred in regulations under section 251 of the National Health Service Act 2006 (processing of patient information for medical purposes) , so far as those functions relate to information obtained by NHS England in connection with the exercise of its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012);

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

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

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

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

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

9

Regulations may provide for the committee appointed under paragraph 8(1) to be required, in giving advice, to have regard to specified factors or matters.

Procedure

10

(1) The HRA may regulate its own procedure.

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

Seal and evidence

11

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

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

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

Status of the HRA

12

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

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

PART 2 — Functions

Exercise of functions

13

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

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

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

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

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

Help or advice for other public authorities

14

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

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

(3) “Public authority”—

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

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

(4) A reference to a public authority—

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

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

Arrangements with devolved authorities

15

(1) The HRA may arrange with a devolved authority for the HRA—

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

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

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

Failure to exercise functions

16

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

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

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

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

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

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

PART 3 — Finance and reports

Funding

17

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

Fees and indemnities

18

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

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

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

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

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

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

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

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

(5) Regulations under this paragraph may include provision—

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

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

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

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

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

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

(fa) the Health Research Authority;

Accounts

19

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

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

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

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

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

(4) The Comptroller and Auditor General must—

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

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

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

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

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

Annual report

20

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Care Act 2014

Patient information

Approval for processing confidential patient information

117

CHAPTER 3 — Chapters 1 and 2: supplementary

Miscellaneous

Transfer orders

118

General

Chapters 1 and 2: interpretation and supplementary provision

119

CHAPTER 4 — Trust special administration

Powers of administrator etc.

120

PART 4 — Health and social care

Integration fund

Integration of care and support with health services etc: integration fund

121

Information

The Health and Social Care Information Centre: restrictions on dissemination of information

122

PART 5 — General

Power to make consequential provision

123

Power to make transitional etc. provision

124

Regulations and orders

125

General interpretation

126

Commencement

127

Extent and application

128

Short title

129

SCHEDULE 1

Placements from England to Wales, Scotland or Northern Ireland

1

Placements from Wales to England, Scotland or Northern Ireland

2

Placements from Scotland to England, Wales or Northern Ireland

3

Placements from Northern Ireland to England, Wales or Scotland

4

Dispute resolution

5

Financial adjustments

6

7

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

8

Direct payments

9

Particular types of accommodation

10

Regulations

11

Interpretation

12

Consequential provision

13

Transitory provision

14

SCHEDULE 2

Membership, etc.

1

Funding and other resources

2

Strategic plan

3

Annual report

4

SCHEDULE 3

Cases where hospital patient is likely to have care and support needs after discharge

1

Assessment notice given by responsible NHS body to local authority

2

3

Cases where discharge of the patient is delayed