OpenLegislation

Health and Social Care Act 2001 in Scotland

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  2. 2Payments relating to past performance Repealed
  3. 4Public-private partnerships Repealed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 Repealed
  8. 9Overview and scrutiny committees: exempt information Repealed
  9. 10Application to the City of London Repealed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  11. 12Independent advocacy services Repealed
  12. 13Intervention orders Repealed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  17. 29Making pilot schemes Repealed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  19. 33NHS contracts Repealed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  22. 40Provision for LPS schemes Repealed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. Scotland Not yet in force
  26. 44Dispensing of NHS prescriptions
  27. Part 3: Care Trusts and Partnership Arrangements
  28. Part 4: Social Care
  29. Preserved rights
  30. 50Preserved rights: transfer to local authorities of responsibilities as to accommodation
  31. 51Preserved rights: disclosure of information
  32. 52Preserved rights: alignment of social security benefits
  33. Measures to increase availability of Part 3 accommodation
  34. Direct payments
  35. 58Direct payments in respect of children
  36. Supplementary
  37. 59Interpretation of Part 4
  38. Part 5: Miscellaneous and supplementary
  39. Services for disabled people
  40. Prescribing rights
  41. 63Extension of prescribing rights
  42. Supplementary
  43. 64Regulations and orders
  44. 65Supplementary and consequential provision etc
  45. 66Interpretation
  46. 70Short title, commencement and extent
  47. Schedule 5: Minor and consequential amendments
  48. Part 1: National Health Service
  49. 2House of Commons Disqualification Act 1975 (c. 24)
  50. 13Local Government Act 2000 (c. 22)
  51. 15Local Authority Social Services Act 1970 (c. 42)
  52. 16Carers and Disabled Children Act 2000 (c. 16) Not yet in force
  53. Part 3: Patient Information Repealed
  54. 17House of Commons Disqualification Act 1975 (c. 24) Repealed
  55. 18Freedom of Information Act 2000 (c. 36) Repealed
  56. Schedule 6: Repeals
  57. 1National Health Service
  58. 2Pharmaceutical Services
  59. 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

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

44Dispensing of NHS prescriptionsI1 E+W+S

(1)

Section 27 of the National Health Service (Scotland) Act 1978 (c. 29) (arrangements for provision of pharmaceutical services) shall be amended as follows.

(2)

In subsection (1), in paragraph (cc)—

(a)

for “listed drugs and medicines and listed appliances” there shall be substituted “ such drugs and medicines and such listed appliances as may be determined by the Scottish Ministers for the purposes of this paragraph ”; and

(b)

for “registered nurse, midwife or health visitor” there shall be substituted “ person in accordance with such conditions, if any, as may be prescribed, ”.

(3)

After that subsection there shall be inserted—

“(1A)

The descriptions of persons which may be prescribed for the purposes of subsection (1)(cc) 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 registered 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 ophthalmic opticians;

(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 the register of qualified nurses, midwives and health visitors maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997 (c. 24);

(h)

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);

(i)

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

(1B)

A determination under subsection (1)(cc) may—

(a)

make different provision for different cases;

(b)

provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;

(c)

provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.”

50Preserved rights: transfer to local authorities of responsibilities as to accommodationI1 E+W+S

(F11)

The following provisions, namely—

(a)

section 26A of the National Assistance Act 1948 (c. 29) (which prevents local authorities in England or Wales providing residential accommodation for persons who were in such accommodation on 31st March 1993), and

(b)

section 86A of the Social Work (Scotland) Act 1968 (c. 49) (which makes corresponding provision for Scotland),

shall cease to have effect on the appointed day.

(2)

For the purposes of this section a “qualifying person” is—

(a)

(in relation to any time before the appointed day) a person to whom section 26A(1) or section 86A(1) applies; or

(b)

(in relation to any later time) a person to whom either of those sections applied immediately before that day.

C1(3)

Where a qualifying person is immediately before the appointed day ordinarily resident in relevant premises in the area of a local authority (“the responsible authority”), that authority shall secure that—

(a)

as from that day, or

(b)

as soon thereafter as is reasonably practicable,

the person is provided with such community care services with respect to his accommodation as appear to the authority to be appropriate having regard to his needs as assessed under section 47(1)(a) of the 1990 Act (assessment of needs for community care services in England or Wales) or section 12A(1)(a) of the 1968 Act (corresponding provision for Scotland).

(4)

Each local authority shall accordingly—

(a)

use their best endeavours to identify every person ordinarily resident in relevant premises in their area who is a qualifying person; and

(b)

carry out such a programme of assessments under section 47(1)(a) or 12A(1)(a) in respect of persons so identified as appears to the authority to be required for the purpose of enabling them to discharge their duty under subsection (3) in relation to such persons.

(5)

Where a person—

(a)

is a qualifying person immediately before the appointed day, and

(b)

is provided by the responsible authority with any community care services with respect to his accommodation in accordance with subsection (3),

his existing arrangements shall, by virtue of this subsection, terminate on the date as from which he is provided with those services.

(6)

Where any such person is not provided with any such services as from the appointed day, any liability of his to make any payment under his existing arrangements in respect of any period (or part of a period) falling within the period beginning with the appointed day and ending with—

(a)

the date as from which he is provided with any such services, or

(b)

the date on which he notifies (or is in accordance with regulations to be treated as notifying) the responsible authority that he does not wish to be provided with any such services,

shall instead be a liability of the responsible authority.

C2(7)

However, the responsible authority may, in respect of any payment made by them in pursuance of subsection (6), recover from the person such amount (if any) as may be prescribed; and any such amount shall be so recoverable in accordance with section 56 of the 1948 Act as if it were an amount due to the authority under that Act.

C3(8)

The provisions of subsections (3) to (7) do not apply, to such extent as may be prescribed, in relation to any person falling within any prescribed description of persons.

(9)

Regulations may also—

(a)

prescribe the circumstances in which persons are to be treated as ordinarily resident in any premises for the purposes of this section;

(b)

for the purpose of prescribing any such amount as is mentioned in subsection (7), provide for any provision made by or under section 22 or 26 of the 1948 Act to apply with or without modifications.

(10)

In this section—

  • “the appointed day” means the day appointed under section 70 for the coming into force of subsection (1);

  • “existing arrangements”, in relation to a person, means the arrangements for the provision of accommodation in the relevant premises mentioned in subsection (3), together with any arrangements for the provision of any services or facilities in connection with that accommodation;

  • “prescribed” means prescribed by regulations;

  • “relevant premises”—

    1. (a)

      in relation to F2... Wales, has the same meaning as in section 26A of the 1948 Act;

    2. (b)

      in relation to Scotland, has the same meaning as in section 86A of the 1968 Act.

  • “the responsible authority” shall be construed in accordance with subsection (3).

51Preserved rights: disclosure of information E+W+S

(1)

For the purposes of this section a “claimant” is—

(a)

(in relation to any time before the appointed day) a person who is ordinarily resident in relevant premises and has a preserved right by virtue of which enhanced payments are being made to or in respect of him by way of income support or jobseeker’s allowance, or

(b)

(in relation to any later time) a person who fell within paragraph (a) immediately before that day.

(2)

Any information—

(a)

held by, or by a person providing services to, the Secretary of State about a claimant, and

(b)

relating to income support or jobseeker’s allowance,

may be supplied, for qualifying purposes, to the local authority in whose area the relevant premises referred to in subsection (1) are situated or to any person providing services to, or authorised to exercise functions of, the authority.

(3)

Where information relating to a claimant is supplied to any authority or person (“the recipient”) in accordance with subsection (2), the information may be supplied by the recipient, for qualifying purposes—

(a)

to any local authority appearing to the recipient to be providing the claimant with community care services with respect to his accommodation; or

(b)

to any person providing services to, or authorised to exercise functions of, any such local authority.

(4)

In subsections (2) and (3) “qualifying purposes”, in relation to information relating to a claimant, means—

(a)

purposes connected with the performance of functions under section 50 in relation to the claimant, or

(b)

other purposes connected with the termination of his preserved right in consequence of section 52(1), or

(c)

(in subsection (2)) any further supply of the information under subsection (3).

(5)

Where information relating to a particular person is supplied to any authority or person in accordance with subsection (2) or (3), section 123 of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons) shall apply in relation to the disclosure of the information by—

(a)

the recipient of the information, or

(b)

any officer or employee of the recipient,

without lawful authority (within the meaning of that section) as it applies to any disclosure of information to which subsection (1) of that section applies.

(6)

In this section—

  • “the appointed day”, “ordinarily resident” and “relevant premises” have the same meaning as they have for the purposes of section 50;

  • “preserved right” means a preserved right within the meaning of the Income Support (General) Regulations 1987 (S.I. 1987/1967).

52Preserved rights: alignment of social security benefits E+W+S

(1)

The Secretary of State shall so exercise his powers under—

(a)

section 135(1) of the Social Security Contributions and Benefits Act 1992 (c. 4) (applicable amount in relation to income-related benefits), and

(b)

section 4(5) of the Jobseekers Act 1995 (c. 18) (amount payable by way of jobseeker’s allowance),

as to secure that any special provision made in exercise of those powers as respects income support or jobseeker’s allowance payable to or in respect of persons who have preserved rights ceases to have effect on the appointed day.

(2)

In this section—

  • “the appointed day” means the day appointed under section 70 for the coming into force of section 50(1);

  • “preserved rights” means preserved rights within the meaning of the Income Support (General) Regulations 1987.

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).”

59Interpretation of Part 4 E+W+S

(1)

In this Part—

  • “the 1948 Act” means the National Assistance Act 1948 (c. 29);

  • “the 1968 Act” means the Social Work (Scotland) Act 1968 (c. 49);

  • “community care services”—

    1. (a)

      F1...

    2. (b)

      in relation to Scotland, has the same meaning as in the 1968 Act;

  • “local authority”—

    1. (za)

      F2...

    2. (a)

      F3does not, except in sections 55 and 57, include a local authority in England and, for the purposes of those sections in their application to local authorities in England, means a county council in England, a district council for an area in England which has no county council, a London borough council or the Common Council of the City of London;

    3. (aa)

      F4does not, except in section 55, include a local authority in Wales and, for the purpose of that section in its application to local authorities in Wales, means the council of a county or county borough in Wales;

    4. (b)

      in relation to Scotland, has the same meaning as in the 1968 Act;

  • “Part 3 accommodation” means (in accordance with section 54(3)) accommodation provided under sections 21 to 26 of the 1948 Act.

(2)

In this Part any reference to Part 3 accommodation or to a local authority providing such accommodation shall be construed in accordance with section 21(5) or (6) of the 1948 Act, as the case may be.

(3)

In this Part any reference (however expressed) to services provided by a local authority includes services which the authority arrange to provide, where they have power to do so.

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).

66Interpretation E+W+S

In this Act (unless the context otherwise requires)—

  • F1...

  • “the 1990 Act” means the National Health Service and Community Care Act 1990 (c. 19);

  • ...

  • “regulations” means regulations made by the relevant authority;

  • “the relevant authority” means—

    1. (a)

      in relation to England, the Secretary of State,

    2. (b)

      in relation to Wales, the National Assembly for Wales, and

    3. (c)

      in relation to Scotland (in connection with regulations under section 50), the Scottish Ministers.

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).