Care Act 2014
2014 c. 23 · Enacted 14 May 2014 · Extends to United Kingdom
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Care and support
- General responsibilities of local authorities
- 1Promoting individual well-being
- 2Preventing needs for care and support
- 3Promoting integration of care and support with health services etc.
- 4Providing information and advice
- 5Promoting diversity and quality in provision of services
- 6Co-operating generally
- 7Co-operating in specific cases
- Meeting needs for care etc.
- 8How to meet needs
- Assessing needs
- 9Assessment of an adult's needs for care and support
- 10Assessment of a carer's needs for support
- 11Refusal of assessment
- 12Assessments under sections 9 and 10: further provision
- 13The eligibility criteria
- Charging and assessing financial resources
- 14Power of local authority to charge
- 15Cap on care costs Not yet in force
- 16Cap on care costs: annual adjustment Not yet in force
- 17Assessment of financial resources
- Duties and powers to meet needs
- 18Duty to meet needs for care and support
- 19Power to meet needs for care and support
- 20Duty and power to meet a carer's needs for support
- 21Exception for persons subject to immigration control
- 22Exception for provision of health services
- 23Exception for provision of housing etc.
- Next steps after assessments
- 24The steps for the local authority to take
- 25Care and support plan, support plan
- 26Personal budget
- 27Review of care and support plan or of support plan
- 28Independent personal budget Not yet in force
- 29Care account Not yet in force
- 30Cases where adult expresses preference for particular accommodation
- Direct payments
- 31Adults with capacity to request direct payments
- 32Adults without capacity to request direct payments
- 33Direct payments: further provision
- Deferred payment agreements, etc.
- 34Deferred payment agreements and loans
- 35Deferred payment agreements and loans: further provision
- 36Alternative financial arrangements Not yet in force
- Continuity of care and support when adult moves
- 37Notification, assessment, etc.
- 38Case where assessments not complete on day of move
- Establishing where a person lives, etc.
- 39Where a person's ordinary residence is
- 40Disputes about ordinary residence or continuity of care
- 41Financial adjustments between local authorities
- Safeguarding adults at risk of abuse or neglect
- 42Enquiry by local authority
- 43Safeguarding Adults Boards
- 44Safeguarding adults reviews
- 45Supply of information
- 46Abolition of local authority's power to remove persons in need of care
- 47Protecting property of adults being cared for away from home
- Provider failure
- 48Temporary duty on local authority
- 49Section 48: cross-border cases
- 50Temporary duty on local authority in Wales
- 51Temporary duty on Health and Social Care trust in Northern Ireland
- 52Sections 48 to 51: supplementary
- Market oversight
- 53Specifying criteria for application of market oversight regime
- 54Determining whether criteria apply to care provider
- 55Assessment of financial sustainability of care provider
- 56Informing local authorities where failure of care provider likely
- 56AProvision of information to the Secretary of State
- 57Sections 54 to 56: supplementary
- Transition for children to adult care and support, etc.
- 58Assessment of a child's needs for care and support
- 59Child's needs assessment: requirements etc.
- 60Assessment of a child's carer's needs for support
- 61Child's carer's assessment: requirements etc.
- 62Power to meet child's carer's needs for support
- 63Assessment of a young carer's needs for support
- 64Young carer's assessment: requirements etc.
- 65Assessments under sections 58 to 64: further provision
- 66Continuity of services under other legislation
- Independent advocacy support
- 67Involvement in assessments, plans etc.
- 68Safeguarding enquiries and reviews
- Enforcement of debts
- 69Recovery of charges, interest etc.
- 70Transfer of assets to avoid charges
- Review of funding provisions
- 71Five-yearly review by Secretary of State Not yet in force
- Appeals
- 72Part 1 appeals Not yet in force
- Default by local authority
- 72ADefault power of Secretary of State
- 72BDefault power of Secretary of State: supplementary
- Miscellaneous
- 73Human Rights Act 1998: provision of regulated care or support etc a public function
- 74Discharge of hospital patients with care and support needs
- 75After-care under the Mental Health Act 1983
- 76Prisoners and persons in approved premises etc.
- 77Registers of sight-impaired adults, disabled adults, etc.
- 78Guidance, etc.
- 79Delegation of local authority functions
- General
- 80Part 1: interpretation
- Part 2: Care standards
- Quality of services
- 81Duty of candour
- 82Warning notice
- 83Imposition of licence conditions on NHS foundation trusts
- 84Trust special administration: appointment of administrator
- 85Trust special administration: objective, consultation and reports
- Care Quality Commission
- 86Restriction on applications for variation or removal of conditions
- 87Rights of appeal
- 88Unitary board
- Increasing the independence of the Care Quality Commission
- 89Chief Inspectors
- 90Independence of the Care Quality Commission
- Performance ratings
- 91Reviews and performance assessments
- False or misleading information
- 92Offence
- 93Penalties
- 94Offences by bodies
- Regulated activities
- 95Training for persons working in regulated activity
- Part 3: Health
- Chapter 1: The Education and Training Functions of NHS England
- Establishment
- 96Health Education England Repealed
- National functions
- 97Planning education and training for health care workers etc.
- 98Ensuring sufficient skilled health care workers for the health service
- 99Quality improvement in education and training, etc.
- 100Objectives, priorities and outcomes
- 101Sections 98 and 100: matters to which NHS England must have regard
- 102Advice
- ... Repealed
- 103Local Education and Training Boards Repealed
- 104LETBs: appointment etc. Repealed
- 105LETBs: co-operation by providers of health services Repealed
- 106Education and training plans Repealed
- 107Commissioning education and training Repealed
- Tariffs
- 108Tariffs
- Chapter 2: Health Research Authority
- Establishment
- 109The Health Research Authority
- General functions
- 110The HRA's functions
- Regulatory practice
- 111Co-ordinating and promoting regulatory practice etc.
- Research ethics committees
- 112The HRA's policy on research ethics committees
- 113Approval of research
- 114Recognition by the HRA
- 115Establishment by the HRA
- 116Membership of the United Kingdom Ethics Committee Authority
- Patient information
- 117Approval for processing confidential patient information
- Chapter 3: Chapters 1 and 2: supplementary
- Miscellaneous
- 118Transfer orders
- General
- 119Chapters 1 and 2: interpretation and supplementary provision
- Chapter 4: Trust special administration
- 120Powers of administrator etc.
- Part 4: Health and social care
- Integration fund
- 121Integration of care and support with health services etc: integration fund
- Information
- 122The Health and Social Care Information Centre: restrictions on dissemination of information
- Part 5: General
- 123Power to make consequential provision
- 124Power to make transitional etc. provision
- 125Regulations and orders
- 126General interpretation
- 127Commencement
- 128Extent and application
- 129Short title
- Schedule 1: Cross-border placements
- Placements from England to Wales, Scotland or Northern Ireland
- 1Paragraph 1
- Placements from Wales to England, Scotland or Northern Ireland
- 2Paragraph 2
- Placements from Scotland to England, Wales or Northern Ireland
- 3Paragraph 3
- Placements from Northern Ireland to England, Wales or Scotland
- 4Paragraph 4
- Dispute resolution
- 5Paragraph 5
- Financial adjustments
- 6Paragraph 6
- 7Paragraph 7
- Provision of NHS accommodation not to affect deemed ordinary residence etc.
- 8Paragraph 8
- Direct payments Not yet in force
- 9Paragraph 9 Not yet in force
- Particular types of accommodation Not yet in force
- 10Paragraph 10 Not yet in force
- Regulations
- 11Paragraph 11
- Interpretation
- 12Paragraph 12
- Consequential provision
- 13Paragraph 13
- Transitory provision
- 14Paragraph 14
- Schedule 2: Safeguarding Adults Boards
- Membership, etc.
- 1Paragraph 1
- Funding and other resources
- 2Paragraph 2
- Strategic plan
- 3Paragraph 3
- Annual report
- 4Paragraph 4
- Schedule 3: Discharge of hospital patients with care and support needs Repealed
- Cases where hospital patient is likely to have care and support needs after discharge Repealed
- 1Paragraph 1 Repealed
- Assessment notice given by responsible NHS body to local authority Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Cases where discharge of the patient is delayed Repealed
- 4Paragraph 4 Repealed
- Delegation to management of independent hospital Repealed
- 5Paragraph 5 Repealed
- Adjustments between local authorities Repealed
- 6Paragraph 6 Repealed
- Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc. Repealed
- 7Paragraph 7 Repealed
- Further provision about assessment notices, discharge notices, etc. Repealed
- 8Paragraph 8 Repealed
- Schedule 4: Direct payments: after-care under the Mental Health Act 1983
- Part 1: After-care under the Mental Health Act 1983: direct payments
- 1Paragraph 1
- Part 2: Provision to be inserted in Social Services and Well-Being (Wales) Act 2014
- Paragraph Not yet in force
- Schedule 5: Health Education England Repealed
- Part 1: Constitution Repealed
- Membership Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Non-executive members: terms of office Repealed
- 3Paragraph 3 Repealed
- Non-executive members: suspension from office Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Non-executive members: pay Repealed
- 6Paragraph 6 Repealed
- Employees: terms of office Repealed
- 7Paragraph 7 Repealed
- Employees: pay Repealed
- 8Paragraph 8 Repealed
- Committees and sub-committees Repealed
- 9Paragraph 9 Repealed
- Procedure Repealed
- 10Paragraph 10 Repealed
- Seal and evidence Repealed
- 11Paragraph 11 Repealed
- Status of HEE Repealed
- 12Paragraph 12 Repealed
- Part 2: Functions Repealed
- Exercise of functions Repealed
- 13Paragraph 13 Repealed
- Help or advice for other public authorities Repealed
- 14Paragraph 14 Repealed
- Co-operation Repealed
- 15Paragraph 15 Repealed
- NHS contracts Repealed
- 16Paragraph 16 Repealed
- Arrangements with devolved authorities Repealed
- 17Paragraph 17 Repealed
- Failure to exercise functions Repealed
- 18Paragraph 18 Repealed
- Part 3: Finance and reports Repealed
- Funding Repealed
- 19Paragraph 19 Repealed
- Financial duties: expenditure Repealed
- 20Paragraph 20 Repealed
- Financial duties: use of generated income Repealed
- 21Paragraph 21 Repealed
- Financial duties: controls on total resource use Repealed
- 22Paragraph 22 Repealed
- Financial duties: additional controls on resource use Repealed
- 23Paragraph 23 Repealed
- Losses and liabilities etc Repealed
- 24Paragraph 24 Repealed
- Accounts Repealed
- 25Paragraph 25 Repealed
- Annual accounts Repealed
- 26Paragraph 26 Repealed
- Interim accounts Repealed
- 27Paragraph 27 Repealed
- Annual report Repealed
- 28Paragraph 28 Repealed
- Part 4: Consequential amendments Repealed
- Public Records Act 1958 Repealed
- 29Paragraph 29 Repealed
- Public Bodies (Admission to Meetings) Act 1960 Repealed
- 30Paragraph 30 Repealed
- Parliamentary Commissioner Act 1967 Repealed
- 31Paragraph 31 Repealed
- House of Commons Disqualification Act 1975 Repealed
- 32Paragraph 32 Repealed
- Copyright, Designs and Patents Act 1988 Repealed
- 33Paragraph 33 Repealed
- Freedom of Information Act 2000 Repealed
- 34Paragraph 34 Repealed
- Equality Act 2010 Repealed
- 35Paragraph 35 Repealed
- Schedule 6: Local Education and Training Boards Repealed
- The area for which an LETB is appointed Repealed
- 1Paragraph 1 Repealed
- Assessment of whether the appointment criteria are being met in relation to LETBs Repealed
- 2Paragraph 2 Repealed
- Publication and review of the appointment criteria Repealed
- 3Paragraph 3 Repealed
- Exercise of functions Repealed
- 4Paragraph 4 Repealed
- Schedule 7: The Health Research Authority
- Part 1: Constitution
- Membership
- 1Paragraph 1
- Non-executive members: terms of office
- 2Paragraph 2
- Non-executive members: suspension from office
- 3Paragraph 3
- 4Paragraph 4
- Non-executive members: pay
- 5Paragraph 5
- Employees: terms of office
- 6Paragraph 6
- Employees: pay
- 7Paragraph 7
- Committees and sub-committees
- 8Paragraph 8
- 9Paragraph 9
- Procedure
- 10Paragraph 10
- Seal and evidence
- 11Paragraph 11
- Status of the HRA
- 12Paragraph 12
- Part 2: Functions
- Exercise of functions
- 13Paragraph 13
- Help or advice for other public authorities
- 14Paragraph 14
- Arrangements with devolved authorities
- 15Paragraph 15
- Failure to exercise functions
- 16Paragraph 16
- Part 3: Finance and reports
- Funding
- 17Paragraph 17
- Fees and indemnities
- 18Paragraph 18
- Accounts
- 19Paragraph 19
- Annual report
- 20Paragraph 20
- Part 4: Consequential amendments
- Public Records Act 1958
- 21Paragraph 21
- Public Bodies (Admission to Meetings) Act 1960
- 22Paragraph 22
- Parliamentary Commissioner Act 1967
- 23Paragraph 23
- House of Commons Disqualification Act 1975
- 24Paragraph 24
- Copyright, Designs and Patents Act 1988
- 25Paragraph 25
- Freedom of Information Act 2000
- 26Paragraph 26
- Equality Act 2010
- 27Paragraph 27
- Schedule 8: Research ethics committees: amendments
- Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)
- 1Paragraph 1
- Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)
- 2Paragraph 2
- Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)
- 3Paragraph 3
- Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160)
- 4Paragraph 4
- Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161)
- 5Paragraph 5
- Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174)
- 6Paragraph 6
- Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order 2006 (S.S.I. 2006/310)
- 7Paragraph 7
- Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260)
- 8Paragraph 8
- Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810)
- 9Paragraph 9
- Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833)
- 10Paragraph 10
- Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 (S.I. 2010/995)
- 11Paragraph 11
- Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734)
- 12Paragraph 12