Health and Social Care Act 2001 (C. 15)

Amends:

Care Standards Act 2000 (C. 14)
Health and Medicines Act 1988 (C. 49)
Mental Health Act 1983 (C. 20)
National Health Service Act and Community Care Act 1990 (C. 19)
National Health Services Act 1977 (C. 49)

Amended by:

National Health Service (Consequential Provisions) Act 2006 (c.43)

to amend the law about the national health service; to provide for the exercise of functions by Care Trusts under partnership arrangements under the Health Act 1999 and to make further provision in relation to such arrangements; to make further provision in relation to social care services; to make provision in relation to the supply or other processing of patient information; to extend the categories of appropriate practitioners in relation to prescription-only medicinal products; and for connected purposes.

Functions exercisable solely by WAG or the National Assembly for Wales.

Part I: National Health Service:

section 23 (3), (4) and (5): similar regulatory powers to the ones contained in section 29 of the 1977 Act, requiring persons and organisations providing general dental services, general ophthalmic services and pharmaceutical services to declare any gifts or other benefits that they may receive in connection with the provision of NHS services. Such regulations will be subject to consultation.

Part II Pharmaceutical Services:

Chapter 1: Local Pharmaceutical Services:
section 39: The Welsh Ministers may not bring into effect section 40 unless they are satisfied that pilot schemes have shown that the continued provision of Local Pharmaceutical Services would be in the interests of the health service or part of it, having regard in particular the results of reviews under section 31.

Part IV: Social Care:

section 50: provides for the transfer to local authorities of the responsibility for providing community care services for preserved rights recipients. Subsection (7) enables the local authority to recover from the person all or part of such a payment. It is intended that the Secretary of State will make regulations so that the liability of persons to pay during this period mirrors the means testing system provided for under sections 22 and 26 of the 1948 Act. 253. Subsection (8) enables regulations to be made so that the provisions of section 50 do not apply in relation to any person of a prescribed description. Subsection (9) allows regulations to be made to define the meaning of "ordinarily resident". It also allows regulations to be made governing the payment which a person is to make in respect of his accommodation before community care services are provided.
section 54: Power to make regulations to enable both residents and third parties to make additional payments so that a resident can enter more expensive accommodation than that which the authority would normally pay for in respect of a person with the same needs.
section 55: Power to issue directions on the exercise of the power for local authorities to take charges on land instead of contributions.
section 56: Power to make regulations authorising local authorities to make arrangements for a person to be provided with residential accommodation in Scotland, Northern Ireland, the Channel Islands or the Isle of Man.
section 57 and 58: Power to make regulations in connection with making direct payment in respect of adults and children (with prescribed contents).

Part V: Miscellaneous and supplementary:

section 65: Power of the Welsh Ministers by regulations to make such supplementary, incidental or consequential provision, or such transitory, transitional or saving provision, as he considers necessary to give full effect to the Act. This includes power to amend or repeal any enactment, instrument or document.

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