Health and Social Care Act 2008
2008 c. 14 · Enacted 21 July 2008 · Extends to United Kingdom
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)
Contents
- Part 1: The Care Quality Commission
- Chapter 1: Introductory
- 1The Care Quality Commission
- 2The Commission's functions
- 3The Commission's objectives
- 4Matters to which the Commission must have regard
- 5Statement on user involvement
- 6Transfers of property, rights and liabilities
- 7Meaning of “health and social care services” in Chapter 1
- Chapter 2: Registration in respect of provision of health or social care
- Introductory
- 8“Regulated activity”
- 9“Health or social care”
- Registration of persons carrying on regulated activities
- 10Requirement to register as a service provider
- 11Applications for registration as a service provider
- 12Grant or refusal of registration as a service provider
- Registration of managers
- 13Condition requiring registered manager
- 14Applications for registration as a manager
- 15Grant or refusal of registration as a manager
- Further provision about registration as a service provider or manager
- 16Regulations about registration
- 17Cancellation of registration
- 18Suspension of registration
- 19Applications by registered persons
- Regulation, code of practice and guidance
- 20Regulation of regulated activities
- 20AFunctions relating to processing of information by registered persons
- 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
- Registration procedure
- 26Notice of proposals
- 27Right to make representations
- 28Notice of decisions
- 29Warning notice
- 29AWarning notice: quality of health care
- 30Urgent procedure for cancellation
- 31Urgent procedure for suspension, variation etc.
- 32Appeals to the Tribunal
- Offences
- 33Failure to comply with conditions
- 34Offences relating to suspension or cancellation of registration
- 35Contravention of regulations
- 36False description of concerns, premises etc.
- 37False statements in applications
- Information to be available to public
- 38Provision of copies of registers
- Miscellaneous
- 39Bodies required to be notified of certain matters
- 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
- Chapter 3: Quality of health and social care
- ...
- 45Standards set by Secretary of State Repealed
- Healthwatch England and Local Healthwatch organisations
- 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
- 47Frequency and period of review Repealed
- 48Special reviews and investigations
- 49Power to extend periodic review function Repealed
- 50Failings by English local authorities
- 51Failings by Welsh NHS bodies
- Chapter 4: Functions under Mental Health Act 1983
- 52Transfer and amendment of functions under Mental Health Act 1983
- Chapter 5: Further functions
- 53Information and advice
- 54Studies as to economy, efficiency etc.
- 55Publication of results of studies under s. 54
- 56Role of Audit Commission Repealed
- 57Reviews of data, studies and research
- 58Publication of information
- 59Additional functions
- Chapter 6: Miscellaneous and General
- Inspections
- 60Inspections
- 61Inspections carried out for registration purposes
- Powers of entry etc.
- 62Entry and inspection
- 63Entry and inspection: supplementary
- 64Power to require documents and information etc.
- 65Power to require explanation
- Interaction with other authorities
- 66Interaction with other authorities
- 67Co-ordination of reviews or assessments
- 68Avoidance of unreasonable burdens in exercise of regulatory powers
- 69Co-operation between the Commission and Welsh Ministers
- 70Co-operation between the Commission and NHS England
- 71Provision of information by Auditor General for Wales
- 72Provision of material to the Comptroller and Auditor General
- 73Arrangements with Ministers
- 74Arrangements with Northern Ireland Ministers
- Inquiries
- 75Inquiries
- Information
- 76Disclosure of confidential personal information: offence
- 77Defence
- 78Use of information etc.
- 79Permitted disclosures
- 80Code of practice on confidential personal information
- Further provisions about functions of Commission
- 81Publication of programme of reviews etc.
- 82Failure by the Commission or Healthwatch England in discharge of functions
- 83Reports for each financial year etc.
- 84Reports and information
- Fees
- 85Fees
- Enforcement
- 86Penalty notices
- 87Penalty notices: supplementary provision
- 88Guidance by the Commission in relation to enforcement action
- 89Publication of information relating to enforcement action etc.
- 90Proceedings for offences
- 91Offences by bodies corporate
- 92Unincorporated associations
- Service of documents
- 93Service of documents
- 94Electronic communications
- Further amendments
- 95Further amendments relating to Part 1
- Crown application
- 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
- 120Additional responsibilities of responsible officers: England and Wales and Northern Ireland
- 121Co-operation between prescribed bodies
- 122Ss. 120 and 121: Crown application
- Hearing Aid Council
- 123Dissolution of Hearing Aid Council
- Regulation of social care workforce
- 124Regulation of social care workers: Wales Repealed
- 125Standard of proof in proceedings relating to registration of social care worker Not yet in force
- Approved mental health professionals
- 126Education and training of approved mental health professionals: Wales Repealed
- General
- 127Further amendments relating to Part 2
- 128Interpretation of Part 2 Not yet in force
- Part 3: Public health protection
- 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
- 134Entitlement: Northern Ireland
- 135Administration: Northern Ireland
- 136Penalty: Northern Ireland
- 137Northern Ireland: health in pregnancy grant to be excepted matter
- General and supplementary
- 138General and supplementary
- Part 5: Miscellaneous
- Amendments relating to National Health Service
- 139Duty of Primary Care Trusts
- 140Pharmaceutical services
- 141Remuneration for persons providing pharmaceutical services
- 142Indemnity schemes in connection with provision of health services
- Weighing and measuring of children
- 143Weighing and measuring of children: England
- 144Weighing and measuring of children: Wales
- 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
- 148Ordinary residence for certain purposes of National Assistance Act 1948 etc.
- Financial assistance related to provision of health or social care services
- 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
- 153Directions to certain NHS bodies
- 154Arrangements with other third parties
- 155Power to form company
- 156Interpretation of group of sections
- National Information Governance Board for Health and Social Care
- 157National Information Governance Board for Health and Social Care
- 158Duty to consult Board in relation to regulations about patient information Repealed
- Functions of Health Protection Agency in relation to biological substances
- 159Functions of Health Protection Agency in relation to biological substances
- Further amendments
- 160Minor and consequential amendments relating to Part 5
- Part 6: General
- 161Orders, regulations and directions: general provisions
- 162Orders and regulations: Parliamentary control
- 163Orders and regulations: control by National Assembly for Wales
- 164Regulations: control by Northern Ireland Assembly
- 165Directions
- 166Repeals
- 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
- Schedule 1: The Care Quality Commission
- Status
- 1Paragraph 1
- General powers and duties
- 2Paragraph 2
- Membership
- 3Paragraph 3
- Chief Inspectors
- 3AParagraph 3A
- Remuneration and allowances for non-executive members
- 4Paragraph 4
- Employees
- 5Paragraph 5
- Procedure
- 6Paragraph 6
- 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
- Schedule 2: Transfers of property and staff etc.
- Transfer schemes
- 1Paragraph 1
- Transfer
- 2Paragraph 2
- Employment
- 3Paragraph 3
- 4Paragraph 4
- Transitional
- 5Paragraph 5
- Schedule 3: Amendments of Mental Health Act 1983
- 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
- Schedule 4: Interaction with other authorities
- Part 1: Interpretation
- Inspection authorities
- 1Paragraph 1
- 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
- 5Paragraph 5
- 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
- 9Paragraph 9
- Inspections carried out under arrangements
- 10Paragraph 10
- Schedule 5: Further amendments relating to Part 1
- 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
- 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
- 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)
- 59Paragraph 59 Repealed
- Copyright, Designs and Patents Act 1988 (c. 48)
- 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
- Audit Commission Act 1998 (c. 18)
- 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)
- 75Paragraph 75 Repealed
- 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
- 92Paragraph 92 Repealed
- 93Paragraph 93 Repealed
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- 94Paragraph 94
- Schedule 6: The Office of the Health Professions Adjudicator
- ...
- ...Paragraph ... Repealed
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- ...
- ...Paragraph ... Repealed
- Schedule 7: Adjudication functions under Medical Act 1983 and Opticians Act 1989 Not yet in force
- Part ...: ... Not yet in force
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- 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
- Schedule 9: Regulation of social care workers: Wales Repealed
- Interpretation Repealed
- 1Paragraph 1 Repealed
- Matters generally within the scope of regulations Repealed
- 2Paragraph 2 Repealed
- Manner of exercise of power Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Matters outside the scope of regulations Repealed
- 8Paragraph 8 Repealed
- Preliminary procedure for making regulations: England Repealed
- 9Paragraph 9 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
- Schedule 11: Public health protection: further amendments
- 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
- 9Paragraph 9 Repealed
- 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
- Schedule 12: Funding of expenditure in connection with provision of pharmaceutical services
- 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
- Schedule 14: Further amendments relating to Part 5
- Children Act 1989 (c. 41) Not yet in force
- 1Paragraph 1 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
- 8Paragraph 8 Not yet in force
- Schedule 15: Repeals and revocations
- 1Repeals and revocations relating to Part 1
- 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