Health and Social Care Act 2008 in Scotland

2008 c. 14 · Enacted 21 July 2008 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2023.

See the changes not yet applied

Provision	Change	Made by
s. 70(3)(a)	words omitted	Health and Social Care Act 2012 Sch. 5 para. 163
s. 46(2)	omitted	Health and Social Care Act 2012 Sch. 5 para. 157(b)
s. 46(4)	words substituted	Health and Social Care Act 2012 Sch. 5 para. 157(c)
s. 46(6)(a)	words substituted	Health and Social Care Act 2012 Sch. 5 para. 157(c)
s. 49(3)	words omitted	Health and Social Care Act 2012 Sch. 5 para. 159(b)
s. 72(a)	omitted	Health and Social Care Act 2012 Sch. 5 para. 164(a)
s. 72(b)	words substituted	Health and Social Care Act 2012 Sch. 5 para. 164(b)

An Act to establish and make provision in connection with a Care Quality Commission; to make provision about health care (including provision about the National Health Service) and about social care; to make provision about reviews and investigations under the Mental Health Act 1983; to establish and make provision in connection with an Office of the Health Professions Adjudicator and make other provision about the regulation of the health care professions; to confer power to modify the regulation of social care workers; to amend the Public Health (Control of Disease) Act 1984; to provide for the payment of a grant to women in connection with pregnancy; to amend the functions of the Health Protection Agency; and for connected purposes.

[21st July 2008]

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:—C1

Annotations to the whole text

Modifications

C1: Act modified (temp.) (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(7)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Part 1: The Care Quality Commission
1The Care Quality Commission
2The Commission's functions
3The Commission's objectives
5Statement on user involvement
6Transfers of property, rights and liabilities
7Meaning of “health and social care services” in Chapter 1
Introductory
8“Regulated activity”
9“Health or social care”
Registration of persons carrying on regulated activities
11Applications for registration as a service provider
Registration of managers
13Condition requiring registered manager
14Applications for registration as a manager
Further provision about registration as a service provider or manager
16Regulations about registration
18Suspension of registration
21Code of practice relating to health care associated infections
21ALearning disability and autism training: code of practice
22Codes of practice: consultation and Parliamentary scrutiny
23Guidance as to compliance with requirements
24Consultation in relation to guidance under s. 23
25Effect of code under s. 21 or 21A and guidance under s. 23
27Right to make representations
29AWarning notice: quality of health care
31Urgent procedure for suspension, variation etc.
Offences
36False description of concerns, premises etc.
37False statements in applications
Information to be available to public
38Provision of copies of registers
Miscellaneous
40Periodic returns
41Liquidators etc.
42Death of registered person
Power to modify provisions of Chapter
43Power to modify Chapter in relation to newly regulated activities
Interpretation
44Interpretation of Chapter 2
45Standards set by Secretary of State Repealed
45AFunctions to be exercised by Healthwatch England
45BConflicts of interest
45CReports
45DGranting licence to use trade mark
Reviews and investigations
46Reviews and performance assessments : registered service providers
46AReviews and performance assessments: local authorities
46BReviews and performance assessments: integrated care system
52Transfer and amendment of functions under Mental Health Act 1983
58Publication of information
Chapter 6: Miscellaneous and General
60Inspections
62Entry and inspection
63Entry and inspection: supplementary
65Power to require explanation
Interaction with other authorities
73Arrangements with Ministers
75Inquiries
77Defence
78Use of information etc.
79Permitted disclosures
84Reports and information
85Fees
86Penalty notices
90Proceedings for offences
91Offences by bodies corporate
92Unincorporated associations
94Electronic communications
95Further amendments relating to Part 1
96Application of Part 1 to Crown
Interpretation
97General interpretation of Part 1
Part 2: Regulation of health professions and health and social care workforce
The Office of the Health Professions Adjudicator
98.The Office of the Health Professions Adjudicator Repealed
99.Functions under Medical Act 1983 and Opticians Act 1989 Not yet in force
100.Fitness to practise panels Not yet in force
101.Lists of persons eligible for membership of fitness to practise panels Not yet in force
102.Further provisions about listed persons Not yet in force
103.Legal assessors Not yet in force
104..Clinical and other specialist advisers Not yet in force
105.Procedural rules Not yet in force
106.Administration of oaths and issuing of witness summonses etc. Not yet in force
107.Duty to inform the public Repealed
108.Duty to consult Repealed
109.OHPA rules: supplementary Repealed
110.Fees payable by General Medical Council and General Optical Council Repealed
Amendments of Part 3 of Health Act 1999
111Extension of powers under s. 60 of Health Act 1999
112Standard of proof in fitness to practise proceedings
The Council for Healthcare Regulatory Excellence
113The Council for Healthcare Regulatory Excellence
114Constitution etc. of Council
115Powers and duties of Council
116Powers of Secretary of State and devolved administrations
117Duty to inform and consult the public
118Reference of cases by Council to court
Conduct and performance of medical practitioners and other health care workers
119Responsible officers and their duties relating to medical profession
Hearing Aid Council
123Dissolution of Hearing Aid Council
General
127Further amendments relating to Part 2
128Interpretation of Part 2 Not yet in force
129Public health protection
130Further amendments relating to public health protection
Part 4: Health in pregnancy grant
England, Wales and Scotland
131Entitlement: Great Britain
132Administration: Great Britain
133Penalty: Great Britain
Northern Ireland
137Northern Ireland: health in pregnancy grant to be excepted matter
General and supplementary
138General and supplementary
Part 5: Miscellaneous
139Duty of Primary Care Trusts
140Pharmaceutical services
141Remuneration for persons providing pharmaceutical services
142Indemnity schemes in connection with provision of health services
143Weighing and measuring of children: England
Social care
145Human Rights Act 1998: provision of certain social care to be public function Repealed
146Direct payments in lieu of provision of care services
147Abolition of maintenance liability of relatives
149Power of Secretary of State to give financial assistance
150Qualifying bodies
151Forms of assistance under s. 149
152Terms on which assistance under s. 149 is given
154Arrangements with other third parties
155Power to form company
Functions of Health Protection Agency in relation to biological substances
159Functions of Health Protection Agency in relation to biological substances
160Minor and consequential amendments relating to Part 5
Part 6: General
161Orders, regulations and directions: general provisions
162Orders and regulations: Parliamentary control
165Directions
167Power to make transitional and consequential provision etc.
168Financial provisions
169Extent
170Commencement
171The appropriate authority by whom commencement order is made
172Consultation in relation to commencement
173Short title
Status
1Paragraph 1
General powers and duties
2Paragraph 2
Membership
Chief Inspectors
3AParagraph 3A
Remuneration and allowances for non-executive members
Employees
Procedure
Exercise of functions
7Paragraph 7
Assistance
8Paragraph 8
Payments and loans to the Commission
9Paragraph 9
Accounts
10Paragraph 10
Seal and evidence
11Paragraph 11
12Paragraph 12
Transfer schemes
1Paragraph 1
Transfer
2Paragraph 2
Employment
3Paragraph 3
4Paragraph 4
Transitional
5Paragraph 5
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
7Paragraph 7
8Paragraph 8
9Paragraph 9
10Paragraph 10
11Paragraph 11
12Paragraph 12
13Paragraph 13
Part 1: Interpretation
Inspection authorities
Inspection functions
2Paragraph 2
Public authorities
3Paragraph 3
Part 2: Exercise of functions
Delegation of inspection functions to public authorities
4Paragraph 4
Inspection programmes and inspection frameworks
Inspections by other inspectors of activities within Commission's remit
6Paragraph 6
Co-operation
7Paragraph 7
Joint action
8Paragraph 8
Advice or assistance for other public authorities
Inspections carried out under arrangements
10Paragraph 10
Part 1: Amendments of Care Standards Act 2000
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
7Paragraph 7
8Paragraph 8
9Paragraph 9
10Paragraph 10
11Paragraph 11
12Paragraph 12
13Paragraph 13
15Paragraph 15
17Paragraph 17
18Paragraph 18
19Paragraph 19
20Paragraph 20
21Paragraph 21
22Paragraph 22
23Paragraph 23
25Paragraph 25
26Paragraph 26
27Paragraph 27
28Paragraph 28
29Paragraph 29
30Paragraph 30
31Paragraph 31
32Paragraph 32
33Paragraph 33
34Paragraph 34
Part 2: Amendments of Health and Social Care (Community Health and Standards) Act 2003
35Paragraph 35
36Paragraph 36
37Paragraph 37
38Paragraph 38
39Paragraph 39
40Paragraph 40
41Paragraph 41
42Paragraph 42
43Paragraph 43
44Paragraph 44
45Paragraph 45
46Paragraph 46
47Paragraph 47
48Paragraph 48
49Paragraph 49
50Paragraph 50
51Paragraph 51
52Paragraph 52
Part 3: Amendments of other Acts
Prison Act 1952 (c. 52)
53Paragraph 53
Public Records Act 1958 (c. 51)
54Paragraph 54
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
55Paragraph 55
Parliamentary Commissioner Act 1967 (c. 13)
56Paragraph 56
House of Commons Disqualification Act 1975 (c. 24)
57Paragraph 57
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
58Paragraph 58
Race Relations Act 1976 (c. 74)
60Paragraph 60
Road Traffic Act 1988 (c. 52)
61Paragraph 61
Vehicle Excise and Registration Act 1994 (c. 22)
62Paragraph 62
Police Act 1996 (c. 16)
63Paragraph 63
64Paragraph 64 Repealed
65Paragraph 65 Repealed
66Paragraph 66 Repealed
67Paragraph 67 Repealed
68Paragraph 68 Repealed
69Paragraph 69 Repealed
Local Government Act 1999 (c. 27)
70Paragraph 70
Crown Prosecution Service Inspectorate Act 2000 (c. 10)
71Paragraph 71
Regulation of Investigatory Powers Act 2000 (c. 23)
72Paragraph 72
Freedom of Information Act 2000 (c. 36)
73Paragraph 73
Criminal Justice and Court Services Act 2000 (c. 43)
74Paragraph 74
Courts Act 2003 (c. 39)
Public Audit (Wales) Act 2004 (c. 23)
76Paragraph 76
77Paragraph 77
Children Act 2004 (c. 31)
78Paragraph 78
79Paragraph 79 Repealed
80Paragraph 80 Repealed
Education and Inspections Act 2006 (c. 40)
81Paragraph 81
National Health Service Act 2006 (c. 41)
82Paragraph 82
83Paragraph 83
84Paragraph 84
85Paragraph 85
86Paragraph 86
National Health Service (Wales) Act 2006 (c. 42)
87Paragraph 87
88Paragraph 88
NHS Redress Act 2006 (c. 44)
89Paragraph 89
90Paragraph 90
Safeguarding Vulnerable Groups Act 2006 (c. 47)
91Paragraph 91
Local Government and Public Involvement in Health Act 2007 (c. 28)
94Paragraph 94
Schedule 6: The Office of the Health Professions Adjudicator
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...Paragraph ... Repealed
...Paragraph ... Repealed
...Paragraph ... Repealed
...Paragraph ... Repealed
...Paragraph ... Repealed
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...
...Paragraph ... Repealed
...Paragraph ... Repealed
...
...Paragraph ... Repealed
Schedule 7: Adjudication functions under Medical Act 1983 and Opticians Act 1989 Not yet in force
Part ...: ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
Part ...: ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
...Paragraph ... Not yet in force
Schedule 8: Extension of powers under s. 60 of Health Act 1999
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
7Paragraph 7
8Paragraph 8
9Paragraph 9
10Paragraph 10
Interpretation Repealed
Matters generally within the scope of regulations Repealed
Manner of exercise of power Repealed
3Paragraph 3 Repealed
4Paragraph 4 Repealed
7Paragraph 7 Repealed
Matters outside the scope of regulations Repealed
Preliminary procedure for making regulations: England Repealed
Preliminary procedure for making regulations: Wales Repealed
10Paragraph 10 Repealed
Schedule 10: Further amendments relating to Part 2
Provision consequential on section 113(1)
1Paragraph 1
Public Records Act 1958 (c. 51)
2Paragraph 2
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
3Paragraph 3
House of Commons Disqualification Act 1975 (c. 24)
4Paragraph 4
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5Paragraph 5
Race Relations Act 1976 (c. 74)
6Paragraph 6 Repealed
Dentists Act 1984 (c. 24)
7Paragraph 7 Not yet in force
8Paragraph 8
9Paragraph 9 Not yet in force
Health Act 1999 (c. 8)
10Paragraph 10
11Paragraph 11
12Paragraph 12
Freedom of Information Act 2000 (c. 36)
13Paragraph 13
Nursing and Midwifery Order 2001 (S.I. 2002/253) Not yet in force
14Paragraph 14 Not yet in force
Health Professions Order 2001 (S.I. 2002/254) Not yet in force
15Paragraph 15 Not yet in force
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
16Paragraph 16
17Paragraph 17
18Paragraph 18 Not yet in force
19Paragraph 19
...
20Paragraph 20 Repealed
21Paragraph 21 Repealed
22Paragraph 22 Repealed
23Paragraph 23 Repealed
National Health Service Act 2006 (c. 41)
24Paragraph 24
National Health Service (Wales) Act 2006 (c. 42)
25Paragraph 25
National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)
26Paragraph 26
Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289) Not yet in force
27Paragraph 27 Not yet in force
Introductory
1Paragraph 1
Local Government, Planning and Land Act 1980 (c. 65)
2Paragraph 2
Public Health (Control of Disease) Act 1984
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
7Paragraph 7
8Paragraph 8
10Paragraph 10
11Paragraph 11
12Paragraph 12
13Paragraph 13
14Paragraph 14
15Paragraph 15
16Paragraph 16
17Paragraph 17
18Paragraph 18
19Paragraph 19
20Paragraph 20
21Paragraph 21
22Paragraph 22
23Paragraph 23
24Paragraph 24
25Paragraph 25
26Paragraph 26
27Paragraph 27
28Paragraph 28
29Paragraph 29
30Paragraph 30
Planning and Compensation Act 1991 (c. 34)
31Paragraph 31
Part 1: England
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
Part 2: Wales
6Paragraph 6
7Paragraph 7
8Paragraph 8
9Paragraph 9
10Paragraph 10
Schedule 13: Transitional provisions relating to s. 147
Interpretation of Schedule
1Paragraph 1
Complaints, orders and payments under section 43 of the 1948 Act
2Paragraph 2
Recovery of expenditure incurred under section 47(8) of the 1948 Act
3Paragraph 3
Recovery of expenses incurred under section 48 of the 1948 Act
4Paragraph 4
Prosecutions under section 51 of the 1948 Act
5Paragraph 5
Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act
6Paragraph 6
Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act
7Paragraph 7
Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984
8Paragraph 8
Children Act 1989 (c. 41) Not yet in force
...
2Paragraph 2 Repealed
...
3Paragraph 3 Repealed
...
4Paragraph 4 Repealed
...
5Paragraph 5 Repealed
6Paragraph 6
National Health Service (Wales) Act 2006 (c. 42)
7Paragraph 7
Safeguarding Vulnerable Groups Act 2006 (c. 47) Not yet in force
2Regulation of healthcare professions
3Public health protection
4National Health Service
5Abolition of maintenance liability of relatives
6Establishment of National Information Governance Board
7Abolition of National Biological Standards Board

Health and Social Care Act 2008 in Scotland

Annotations to the whole text

Modifications

Contents