OpenLegislation

Health and Social Care Act 2001 in Northern Ireland

2001 c. 15 · Enacted 11 May 2001 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2016.

See the changes not yet applied
ProvisionChangeMade by
s. 19repealedCriminal Justice Act 2003 Sch. 37 Pt. 11
s. 57(3)-(5) (7)amendment to earlier affecting provision 1989 c. 41 s. 17AHealth and Social Care Act 2008 Sch. 14 para. 1

Contents

  1. Part 1: National Health Service
  2. 2Payments relating to past performance Repealed
  3. 4Public-private partnerships Repealed
  4. 5Income generation
  5. Local authority scrutiny of health service provision
  6. 7Functions of overview and scrutiny committees
  7. 8Joint overview and scrutiny committees etc. Repealed
  8. 9Overview and scrutiny committees: exempt information Repealed
  9. 10Application to the City of London Repealed
  10. Independent advocacy services
  11. 12Independent advocacy services Repealed
  12. 13Intervention orders Repealed
  13. General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services
  14. Personal medical services and personal dental services
  15. Part 2: Pharmaceutical Services
  16. Chapter 1: Local Pharmaceutical Services
  17. 29Making pilot schemes Repealed
  18. NHS contracts and financial provisions
  19. 33NHS contracts Repealed
  20. General
  21. Provision for local pharmaceutical schemes
  22. 40Provision for LPS schemes Repealed
  23. Chapter 2: Changes to existing arrangements
  24. England and Wales
  25. Part 3: Care Trusts and Partnership Arrangements
  26. Part 4: Social Care
  27. Preserved rights
  28. Measures to increase availability of Part 3 accommodation
  29. Direct payments
  30. 58Direct payments in respect of children
  31. Part 5: Miscellaneous and supplementary
  32. Services for disabled people
  33. Prescribing rights
  34. 63Extension of prescribing rights
  35. Supplementary
  36. 64Regulations and orders
  37. 65Supplementary and consequential provision etc
  38. 70Short title, commencement and extent
  39. Schedule 5: Minor and consequential amendments
  40. Part 1: National Health Service
  41. 2House of Commons Disqualification Act 1975 (c. 24)
  42. 13Local Government Act 2000 (c. 22)
  43. 15Local Authority Social Services Act 1970 (c. 42)
  44. 16Carers and Disabled Children Act 2000 (c. 16) Not yet in force
  45. Part 3: Patient Information Repealed
  46. 17House of Commons Disqualification Act 1975 (c. 24) Repealed
  47. 18Freedom of Information Act 2000 (c. 36) Repealed
  48. Schedule 6: Repeals
  49. 1National Health Service
  50. 2Pharmaceutical Services
  51. 3Social Care

2Payments relating to past performanceF1

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

4Public-private partnershipsF1

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

5Income generationI1

In section 7 of the Health and Medicines Act 1988 (c. 49) (additional powers for financing Health Service), after subsection (7) there shall be inserted—

“(7A)

The power specified in paragraph (g) of subsection (2) above includes power for the Secretary of State—

(a)

to form, or participate in the forming of, companies,

(b)

to invest in companies (whether by acquiring assets, securities or rights or otherwise), and

(c)

to provide loans and guarantees and make other kinds of financial provision to or in respect of companies,

where it appears to him that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.

(7B)

In subsection (7A) above “companies” means companies within the meaning of the Companies Act 1985 (c. 6); and that subsection is without prejudice to—

(a)

the generality of paragraph (g) of subsection (2) above, and

(b)

any powers of the Secretary of State exercisable otherwise than by virtue of this section.”

7Functions of overview and scrutiny committeesI1I2I3

(1)

In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted—

“(f)

in the case of the overview and scrutiny committee or committees of an authority to which section 7 of the Health and Social Care Act 2001 applies, to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning of that section) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.”

F1(2)

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

(3)

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

(4)

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

(5)

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

8Joint overview and scrutiny committees etc.F1

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

9Overview and scrutiny committees: exempt informationF1

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

10Application to the City of LondonF1

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

12Independent advocacy servicesF1

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

13Intervention ordersF1

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

29Making pilot schemesF1

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

33NHS contractsF1

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

40Provision for LPS schemesF1

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

58Direct payments in respect of childrenI1I2I3I4

For section 17A of the Children Act 1989 (c. 41) there shall be substituted—

“ Direct payments

17A
(1)

The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.

(2)

A person falls within this subsection if he is—

(a)

a person with parental responsibility for a disabled child,

(b)

a disabled person with parental responsibility for a child, or

(c)

a disabled child aged 16 or 17,

and a local authority (“the responsible authority”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.

(3)

Subsections (3) to (5) and (7) of section 57 of the 2001 Act shall apply, with any necessary modifications, in relation to regulations under this section as they apply in relation to regulations under that section.

(4)

Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—

(a)

the payments shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act (as applied by subsection (3)); and

(b)

subsection (4)(b) of that section shall not apply.

(5)

A person falls within this subsection if he is—

(a)

a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or

(b)

a person who is in receipt of income support, working families’ tax credit or disabled person’s tax credit under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) or of an income-based jobseeker’s allowance.

(6)

In this section—

  • “the 2001 Act” means the Health and Social Care Act 2001;

  • “disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;

  • “prescribed” means specified in or determined in accordance with regulations under this section (and has the same meaning in the provisions of the 2001 Act mentioned in subsection (3) as they apply by virtue of that subsection).”

63Extension of prescribing rightsI1

(1)

The Medicines Act 1968 (c. 67) shall be amended as provided by subsections (2) to (7).

(2)

In subsection (1) of section 58 (medicinal products on prescription), after paragraph (d) there shall be inserted

“, and

(e)

other persons who are of such a description and comply with such conditions as may be specified in the order”.

(3)

After subsection (1) of that section there shall be inserted—

“(1A)

The descriptions of persons which may be specified in an order by virtue of subsection (1)(e) are the following, or any sub-category of such a description—

(a)

persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960 (c. 66);

(b)

persons who are pharmacists;

(c)

persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (c. 24) (dental auxiliaries);

(d)

persons who are registered in either of the registers of ophthalmic opticians kept under section 7(a) of the Opticians Act 1989 (c. 44);

(e)

persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

(f)

persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

(g)

persons who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);

(h)

any other description of persons which appears to the appropriate Ministers to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the appropriate Ministers consider it appropriate to specify.

(1B)

Where an order under this section includes provision by virtue of subsection (1)(e), the order shall specify such conditions as are necessary to secure that any person who is an appropriate practitioner by virtue of the provision may prescribe, give directions or administer only in respect of human use.”

(4)

In subsection (4)(a) of that section, after “health visitor,” there shall be inserted “ or is an appropriate practitioner by virtue of provision made under subsection (1)(e) of this section, ”.

(5)

After subsection (4) of that section there shall be inserted—

“(4A)

An order under this section may provide, in relation to a person who is an appropriate practitioner by virtue of subsection (1)(d) or (e), that such a person may—

(a)

give a prescription for a medicinal product falling within a description or class specified in the order;

(b)

administer any such medicinal product; or

(c)

give directions for the administration of any such medicinal product,

only where he complies with such conditions as may be specified in the order in respect of the cases or circumstances in which he may do so.

(4B)

An order under this section may provide, in relation to a condition specified by virtue of subsection (4A), for the condition to have effect subject to such exemptions as may be specified in the order.

(4C)

Where a condition is specified by virtue of subsection (4A), any prescription or direction given by a person in contravention of the condition is not (subject to such exemptions or modifications as may be specified in the order by virtue of subsection (4)(a) of this section) given by an appropriate practitioner for the purposes of subsection (2)(a) or (b) of this section.”

(6)

In subsection (5) of that section, after “subsection (4)(a)” there shall be inserted “ or (4B) ”.

(7)

In section 67 (offences under Part 2 of the Act)—

(a)

after subsection (1) there shall be inserted—

“(1A)

Any person who gives a prescription or directions or administers a medicinal product in contravention of a condition imposed by an order under section 58 of this Act by virtue of subsection (4A) of that section shall be guilty of an offence.

(1B)

Any person who—

(a)

is an appropriate practitioner by virtue of provision made under section 58(1) of this Act; and

(b)

gives a prescription or directions in respect of a medicinal product of a description or class in relation to which he is not an appropriate practitioner,

shall be guilty of an offence.”;

(b)

in subsection (4), after “under”, there shall be inserted “ subsection (1A), (1B), ”.

(8)

Each of the powers to establish a committee conferred by subsection (2) or (3) of section 4 of the Medicines Act 1968 (c. 67) may, before the commencement of subsections (1) to (6) of this section, be exercised in relation to section 58 of that Act as if those subsections were in force.

64Regulations and orders

(1)

Any power under this Act to make any order or regulations shall (except in the case of regulations under section 65(3)(c)) be exercisable by statutory instrument.

(2)

A statutory instrument containing any order or regulations made by the Secretary of State under this Act other than—

(a)

an order under section 70(2), or

(b)

any regulations to which subsection (3) applies,

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

F1(3)

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

(4)

A statutory instrument containing any regulations made by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

F2(4A)

A statutory instrument containing—

(a)

regulations made by the Welsh Ministers under section 57, or

(b)

regulations made by the Welsh Ministers under section 65 that make provision for the purposes of, in consequence of or for giving full effect to section 57,

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

(5)

Any regulations made by virtue of section 65(3)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

P1P2(6)

Any power under this Act to make any order or regulations may be exercised—

(a)

either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b)

so as to make, as respects the cases in relation to which it is exercised—

(i)

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

(ii)

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

(iii)

any such provision either unconditionally or subject to any specified condition.

(7)

Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(8)

Any such power includes power—

(a)

to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient; and

(b)

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

(9)

Nothing in this Act shall be read as affecting the generality of subsection (8).

65Supplementary and consequential provision etcC1

(1)

The Secretary of State may by regulations make—

(a)

such supplementary, incidental or consequential provision, or

(b)

such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)

The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

(3)

The power to make regulations under this section is also exercisable—

(a)

by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly;

(b)

by the Scottish Ministers, in relation to provision that would be within the legislative competence of the Scottish Parliament;

(c)

by the First Minister and deputy First Minister acting jointly, in relation to provision dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(4)

Nothing in this Act shall be read as affecting the generality of subsection (1).

70Short title, commencement and extent

(1)

This Act may be cited as the Health and Social Care Act 2001.

P1(2)

With the exception of—

(a)

sections 59, 60, 61, 64 to 66, 68 and 69 and this section,

(b)

Part 3 of Schedule 5, and

(c)

any other provision of this Act so far as it confers any power to make an order or regulations under this Act which is exercisable by the Secretary of State,

this Act does not come into force until such day as the relevant authority may by order appoint; and different days may be so appointed for different purposes.

(3)

In subsection (2), in its application in relation to—

(a)

sections 14 to 17 and 27,

(b)

sections 50(1), 51 and 52,

(c)

sections 62 (except so far as extending to Wales) and 63, and

(d)

any repeals consequential on any provisions falling within paragraph (a) or (b),

the reference to the relevant authority shall be read as a reference to the Secretary of State.

(4)

In subsection (2), in its application in relation to—

(a)

section 44, and

(b)

the provisions of section 50(2) to (10) so far as relating to Scotland (and not within subsection (2)(c)),

the reference to the relevant authority shall be read as a reference to the Scottish Ministers.

(5)

Subject to subsections (6) to (8), this Act extends to England and Wales only.

(6)

The following provisions, namely—

(a)

sections 50 to 52 and 59,

(b)

sections 63 to 66, and

(c)

this section,

also extend to Scotland.

(7)

The following provisions, namely—

(a)

sections 63 to 65, and

(b)

this section,

also extend to Northern Ireland.

(8)

The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(9)

Subsection (8) does not apply in relation to any amendment or repeal relating to section 115 of the Police Act 1997, and any such amendment or repeal extends to England and Wales only.

(10)

The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

2House of Commons Disqualification Act 1975 (c. 24)I1

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute—

“The Medical Practices Committee constituted under section 3 of the National Health Service (Scotland) Act 1978.”

13Local Government Act 2000 (c. 22)I1

In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after “Schedule 1” insert “ , any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act ”.

15Local Authority Social Services Act 1970 (c. 42)I1

I2I3I4(1)

The Local Authority Social Services Act 1970 shall be amended as follows.

I5(2)

In section 7B(2) (complaints procedure), for the words from “or if he is in receipt of payment” onwards there shall be substituted “ or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001. ”

I6(3)

In Schedule 1 (functions referred to social services committee of local authority), at the end insert—

“

Health and Social Care Act 2001
Part 4 in so far as it confers functions on a local authority in England or Wales within the meaning of that Part.Functions in relation to the provision of residential accommodation.
Making of direct payments to person in respect of his securing provision of community care services or services to carers.

”

16Carers and Disabled Children Act 2000 (c. 16)

In section 7 of the Carers and Disabled Children Act 2000 (direct payments and vouchers), at the end of subsection (2) insert “ so far as relating to the inserted section 17B of that Act. ”

17House of Commons Disqualification Act 1975 (c. 24)F1

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

18Freedom of Information Act 2000 (c. 36)F1

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

1National Health ServiceI1I2I3

Short title and chapterExtent of repeal
Parliamentary Commissioner Act 1967 (c. 13).In Schedule 2, the entry relating to the Medical Practices Committee.
National Health Service Act 1977 (c. 49).

Section 7.

Section 29(4).

In section 33(1B), the words from “including, in particular,” to the end of the subsection.

Section 34.

In section 42(3), the “and” at the end of paragraph (d).

In section 44(5), paragraph (b) and the “and” preceding it.

Sections 46 to 49E.

Section 85(1)(d).

Section 100(1)(c).

In section 102, subsections (1)(a)(ii) and (2)(a).

In Schedule 5A, paragraph 11(2).

Schedule 9.

National Health Service and Community Care Act 1990 (c. 19).

Section 22.

In Schedule 2, in paragraph 16(1), paragraph (d) and the “and” preceding it.

Health Authorities Act 1995 (c. 17).In Schedule 1, paragraph 23.
National Health Service (Amendment) Act 1995 (c. 31).

Section 2(1).

Sections 4 to 6.

Section 14(5).

National Health Service (Primary Care) Act 1997 (c. 46).In Schedule 2, paragraphs 11 and 29.
Police Act 1997 (c. 50).In section 115, the “or” at the end of subsection (2)(a).
Health Act 1999 (c. 8).

Section 12(2).

Section 40.

In section 66(5), “(ccc) sections 46 to 49E”.

In Schedule 4, paragraphs 17 to 22 and 41.

Government Resources and Accounts Act 2000 (c. 20).

Section 12(2).

Section 13(2).

2Pharmaceutical ServicesI1I2I3

Short title and chapterExtent of repeal
Health Services Act 1980 (c. 53).Section 20(1).
National Health Service and Community Care Act 1990 (c. 19).In Schedule 9, paragraph 18(1).
Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28).Section 2.
Health Authorities Act 1995 (c. 17).In Schedule 1, paragraph 29.
National Health Service (Primary Care) Act 1997 (c. 46).In Schedule 2, paragraphs 13 and 76.

3Social CareI1I2I3I4

Short title and chapterExtent of repeal
National Assistance Act 1948 (c. 29).Section 26A.
Social Work (Scotland) Act 1968 (c. 49).Section 86A.
Local Authorities Social Services Act 1970 (c. 42).In Schedule 1, the entry relating to the Community Care (Direct Payments) Act 1996.
National Health Service and Community Care Act 1990 (c. 19).

Section 43.

Section 57.

Social Security Contributions and Benefits Act 1992 (c. 4).Section 135(3) and (4).
Community Care (Direct Payments) Act 1996 (c. 30).

Sections 1 to 3.

Section 7(4).

Community Care (Residential Accommodation) Act 1998 (c. 19).

Section 1.

Section 3(2).

Carers and Disabled Children Act 2000 (c. 16).

Section 5.

In section 7, subsection (1) so far as relating to the inserted section 17A.

Section 9(a).