Health and Social Care Act 2001

• Citation: 2001 c. 15
• Sections: 88

Section 1 Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts

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Section 2 Payments relating to past performance

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Section 3 Supplementary payments to NHS trusts and Primary Care Trusts

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Section 4 Public-private partnerships

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Section 5 Income generation

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.

Section 6 Terms and conditions of employment by health service bodies

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Section 7 Functions of overview and scrutiny committees

(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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8 Joint overview and scrutiny committees etc.

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Section 9 Overview and scrutiny committees: exempt information

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Section 10 Application to the City of London

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Section 11 Public involvement and consultation

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Section 12 Independent advocacy services

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Section 13 Intervention orders

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Section 14 Abolition of Medical Practices Committee

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(2) On the date this section comes into force—

(a) all property in the possession of the Medical Practices Committee, and

(b) all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,

shall be transferred to the Secretary of State.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977, prior to its repeal by the National Health Service (Consequential Provisions) Act 2006, before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.

Section 15 Vacancies for medical practitioners

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Section 16 Abolition of NHS Tribunal

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Section 17 Remuneration of general medical practitioners

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Section 18 Out of hours medical services

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Section 19 Enhanced criminal record certificates

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Section 20 Medical, dental, ophthalmic and pharmaceutical etc. lists

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Section 21 Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

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Section 22 Dental corporations

(1) The 1977 Act shall be amended as follows.

(2) In section 35 (arrangements for general dental services)—

(a) in subsection (1)—

(i) after “dental practitioners” there shall be inserted “ or dental corporations ” , and

(ii) after “dental practitioner” there shall be inserted “ or dental corporation ” ,

(b) in subsection (2)—

(i) after “dental practitioner who” there shall be inserted “ , or dental corporation which, ” ,

(ii) after “salary” there shall be inserted “ (or, in the case of a dental corporation, a fixed rate of remuneration) ” , and

(iii) in paragraph (b), after “practitioner” there shall be inserted “ or corporation ” , and

(c) after subsection (4) there shall be inserted—

(5) In this Act, “ dental corporation ” means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)).

(3) In section 36 (regulations about general dental services)—

(a) in subsection (1)(a), after “dental practitioners” there shall be inserted “ and dental corporations ” ,

(b) in subsection (1)(b), after “dental practitioner” there shall be inserted “ or dental corporation ” ,

(c) in subsection (1)(d), after “dental practitioners” there shall be inserted “ and dental corporations ” , and

(d) in subsection (3), after “dental practitioner” there shall be inserted “ or dental corporation ” .

(4) In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted—

(2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation.

(5) In section 128(1) (interpretation), in the appropriate place there shall be inserted—

“ dental corporation ” has the meaning given by section 35(5);

Section 23 Declaration of financial interests, gifts, etc.

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Section 24 Supplementary lists

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Section 25 Suspension and disqualification of practitioners

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Section 26 PMS and PDS lists

(1) After section 28D of the 1977 Act there shall be inserted—

Lists of persons who may perform personal medical services or personal dental services

(28DA)

(1) The Secretary of State may make regulations providing for the preparation and publication by each Primary Care Trust and by each Health Authority of one or more lists of—

(a) medical practitioners who may perform personal medical services in accordance with section 28C arrangements,

(b) dental practitioners who may perform personal dental services in accordance with section 28C arrangements.

(2) Such a list is referred to in this section as a “ services list ”.

(3) The regulations may, in particular, include provision as to—

(a) the Primary Care Trust or Health Authority to which an application for inclusion in a services list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Primary Care Trust or Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Primary Care Trust or Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Primary Care Trust or Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Primary Care Trust or Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a services list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Primary Care Trusts and Health Authorities under the regulations,

(k) the disclosure by a Primary Care Trust or Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a services list to be subject to conditions determined by the Primary Care Trust or Health Authority,

(b) the Primary Care Trust or Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Primary Care Trust or Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the services list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6) Regulations may provide—

(a) that no person may perform personal medical services in accordance with section 28C arrangements unless he is included in a medical list, a supplementary list under section 43D or a services list,

(b) that no person may perform personal dental services in accordance with section 28C arrangements unless he is included in a list referred to in section 36(1)(a), a supplementary list under section 43D or a services list.

(7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(8) If the regulations provide under subsection (3)(e) or (4) that a Primary Care Trust or Health Authority may suspend or remove a person from a services list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Primary Care Trust or Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the decision of the Primary Care Trust or of the Health Authority and the reasons for it and of any right of appeal under subsection (9) or (10).

(9) If the regulations provide under subsection (3)(c) or (e) that a Primary Care Trust or Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the decision of the Primary Care Trust or of the Health Authority .

(10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the decision of the Primary Care Trust or of the Health Authority —

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the services list for breach of condition,

(d) on any review of an earlier such decision of theirs.

(2) After section 8 of the National Health Service (Primary Care) Act 1997 (c. 46) there shall be inserted—

Services Lists

Lists of persons who may perform personal medical services or personal dental services

(8ZA)

(1) The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of—

(a) medical practitioners who may perform personal medical services in connection with the provision of such services under a pilot scheme,

(b) dental practitioners who may perform personal dental services in connection with the provision of such services under a pilot scheme.

(2) Such a list is referred to in this section as a “ services list ”.

(3) The regulations may, in particular, include provision as to—

(a) the Health Authority to which an application for inclusion in a services list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a services list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Health Authorities under the regulations,

(k) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a services list to be subject to conditions determined by the Health Authority,

(b) the Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the services list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) of the 1977 Act.

(6) Regulations may provide—

(a) that no person may perform personal medical services unless he is included in a medical list, a supplementary list under section 43D of the 1977 Act or a services list,

(b) that no person may perform personal dental services unless he is included in a list referred to in section 36(1)(a) of the 1977 Act, a supplementary list under section 43D of that Act or a services list.

(7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N of the 1977 Act.

(8) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (9) or (10).

(9) If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the Family Health Services Appeal Authority (“ FHSAA ”) against the Health Authority’s decision.

(10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the services list for breach of condition,

(d) on any review of an earlier such decision of theirs.

(3) In section 40(3) of the National Health Service (Primary Care) Act 1997 (c. 46) (interpretation) after “sections 28C” there shall be inserted “ , 28DA ” .

Section 27 The Family Health Services Appeal Authority

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Section 28 Pilot schemes

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Section 29 Making pilot schemes

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Section 30 Designation of priority neighbourhoods or premises

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Section 31 Reviews of pilot schemes

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Section 32 Variation and termination of pilot schemes

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Section 33 NHS contracts

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Section 34 Funding of preparatory work

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Section 35 Charges, recovery of payments and penalties

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Section 36 Effect of the 1977 Act

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Section 37 Premises from which piloted services may be provided

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Section 38 Control of entry regulations

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Section 39 Assessing pilot schemes

(1) The relevant authority may not bring section 40 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service (within the meaning of section 206 of the National Health Service Act 2006 ).

(2) In determining whether to bring section 40 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 95 of the National Health Service (Wales) Act 2006 .

Section 40 Provision for LPS schemes

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Section 41 Corresponding provision and application of enactments

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Section 42 Dispensing of NHS prescriptions and provision of pharmaceutical services

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Section 43 Remote provision of pharmaceutical, etc. services

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Section 44 Dispensing of NHS prescriptions

(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.

Section 45 Care Trusts

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Section 46 Directed partnership arrangements

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Section 47 Further provisions about directions in connection with directed partnership arrangements and Care Trusts

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Section 48 Transfer of staff in connection with partnership arrangements

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Section 49 Exclusion of nursing care from community care services

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Section 50 Preserved rights: transfer to local authorities of responsibilities as to accommodation

(1) 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.

(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.

(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.

(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 ”—

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

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).