English Law

Care Act 2014

English Law

Care Act 2014

2014 CHAPTER 23

An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and make provision about Health Education England; to establish and make provision about the Health Research Authority; to make provision about integrating care and support with health services; and for connected purposes.

[14th May 2014]

PART 1 Care and support
General responsibilities of local authorities

1.Promoting individual well-being

2.Preventing needs for care and support

3.Promoting integration of care and support with health services etc.

4.Providing information and advice

5.Promoting diversity and quality in provision of services

6.Co-operating generally

7.Co-operating in specific cases

Meeting needs for care etc.

8.How to meet needs

Assessing needs

9.Assessment of an adult’s needs for care and support

10.Assessment of a carer’s needs for support

11.Refusal of assessment

12.Assessments under sections 9 and 10: further provision

13.The eligibility criteria

Charging and assessing financial resources

14.Power of local authority to charge

15.Cap on care costs

16.Cap on care costs: annual adjustment

17.Assessment of financial resources

Duties and powers to meet needs

18.Duty to meet needs for care and support

19.Power to meet needs for care and support

20.Duty and power to meet a carer’s needs for support

21.Exception for persons subject to immigration control

22.Exception for provision of health services

23.Exception for provision of housing etc.

Next steps after assessments

24.The steps for the local authority to take

25.Care and support plan, support plan

26.Personal budget

27.Review of care and support plan or of support plan

28.Independent personal budget

29.Care account

30.Cases where adult expresses preference for particular accommodation

Direct payments

31.Adults with capacity to request direct payments

32.Adults without capacity to request direct payments

33.Direct payments: further provision

Deferred payment agreements, etc.

34.Deferred payment agreements and loans

35.Deferred payment agreements and loans: further provision

36.Alternative financial arrangements

Continuity of care and support when adult moves

37.Notification, assessment, etc.

38.Case where assessments not complete on day of move

Establishing where a person lives, etc.

39.Where a person’s ordinary residence is

40.Disputes about ordinary residence or continuity of care

41.Financial adjustments between local authorities

Safeguarding adults at risk of abuse or neglect

42.Enquiry by local authority

43.Safeguarding Adults Boards

44.Safeguarding adults reviews

45.Supply of information

46.Abolition of local authority’s power to remove persons in need of care

47.Protecting property of adults being cared for away from home

Provider failure

48.Temporary duty on local authority

49.Section 48: cross-border cases

50.Temporary duty on local authority in Wales

51.Temporary duty on Health and Social Care trust in Northern Ireland

52.Sections 48 to 51: supplementary

Market oversight

53.Specifying criteria for application of market oversight regime

54.Determining whether criteria apply to care provider

55.Assessment of financial sustainability of care provider

56.Informing local authorities where failure of care provider likely

57.Sections 54 to 56: supplementary

Transition for children to adult care and support, etc.

58.Assessment of a child’s needs for care and support

59.Child’s needs assessment: requirements etc.

60.Assessment of a child’s carer’s needs for support

61.Child’s carer’s assessment: requirements etc.

62.Power to meet child’s carer’s needs for support

63.Assessment of a young carer’s needs for support

64.Young carer’s assessment: requirements etc.

65.Assessments under sections 58 to 64: further provision

66.Continuity of services under other legislation

Independent advocacy support

67.Involvement in assessments, plans etc.

68.Safeguarding enquiries and reviews

Enforcement of debts

69.Recovery of charges, interest etc.

70.Transfer of assets to avoid charges

Review of funding provisions

71.Five-yearly review by Secretary of State

Appeals

72.Part 1 appeals

Miscellaneous

73.Human Rights Act 1998: provision of regulated care or support etc a public function

74.Discharge of hospital patients with care and support needs

75.After-care under the Mental Health Act 1983

76.Prisoners and persons in approved premises etc.

77.Registers of sight-impaired adults, disabled adults, etc.

78.Guidance, etc.

79.Delegation of local authority functions

General

80.Part 1: interpretation

PART 2 Care standards
Quality of services

81.Duty of candour

82.Warning notice

83.Imposition of licence conditions on NHS foundation trusts

84.Trust special administration: appointment of administrator

85.Trust special administration: objective, consultation and reports

Care Quality Commission

86.Restriction on applications for variation or removal of conditions

87.Rights of appeal

88.Unitary board

Increasing the independence of the Care Quality Commission

89.Chief Inspectors

90.Independence of the Care Quality Commission

Performance ratings

91.Reviews and performance assessments

False or misleading information

92.Offence

93.Penalties

94.Offences by bodies

Regulated activities

95.Training for persons working in regulated activity

PART 3 Health
CHAPTER 1 Health Education England
Establishment

96.Health Education England

National functions

97.Planning education and training for health care workers etc.

98.Ensuring sufficient skilled health care workers for the health service

99.Quality improvement in education and training, etc.

100.Objectives, priorities and outcomes

101.Sections 98 and 100: matters to which HEE must have regard

102.Advice

Local functions

103.Local Education and Training Boards

104.LETBs: appointment etc.

105.LETBs: co-operation by providers of health services

106.Education and training plans

107.Commissioning education and training

Tariffs

108.Tariffs

CHAPTER 2 Health Research Authority
Establishment

109.The Health Research Authority

General functions

110.The HRA’s functions

Regulatory practice

111.Co-ordinating and promoting regulatory practice etc.

Research ethics committees

112.The HRA’s policy on research ethics committees

113.Approval of research

114.Recognition by the HRA

115.Establishment by the HRA

116.Membership of the United Kingdom Ethics Committee Authority

Patient information

117.Approval for processing confidential patient information

CHAPTER 3 Chapters 1 and 2: supplementary
Miscellaneous

118.Transfer orders

General

119.Chapters 1 and 2: interpretation and supplementary provision

CHAPTER 4 Trust special administration
120.Powers of administrator etc.

PART 4 Health and social care
Integration fund

121.Integration of care and support with health services etc: integration fund

Information

122.The Health and Social Care Information Centre: restrictions on dissemination of information

PART 5 General
123.Power to make consequential provision

124.Power to make transitional etc. provision

125.Regulations and orders

126.General interpretation

127.Commencement

128.Extent and application

129.Short title


SCHEDULES

SCHEDULE 1 Cross-border placements

1.Placements from England to Wales, Scotland or Northern Ireland

2.Placements from Wales to England, Scotland or Northern Ireland

3.Placements from Scotland to England, Wales or Northern Ireland

4.Placements from Northern Ireland to England, Wales or Scotland

5.Dispute resolution

6.Financial adjustments

7.(1) In section 86 of the Social Work (Scotland) Act…

8.Provision of NHS accommodation not to affect deemed ordinary residence etc.

9.Direct payments

10.Particular types of accommodation

11.Regulations

12.Interpretation

13.Consequential provision

14.Transitory provision

SCHEDULE 2 Safeguarding Adults Boards

1.Membership, etc.

2.Funding and other resources

3.Strategic plan

4.Annual report

SCHEDULE 3 Discharge of hospital patients with care and support needs

1.Cases where hospital patient is likely to have care and support needs after discharge

2.Assessment notice given by responsible NHS body to local authority

3.(1) The relevant authority, having received an assessment notice and…

4.Cases where discharge of the patient is delayed

5.Delegation to management of independent hospital

6.Adjustments between local authorities

7.Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.

8.Further provision about assessment notices, discharge notices, etc.

SCHEDULE 4 Direct payments: after-care under the Mental Health Act 1983

PART 1 After-care under the Mental Health Act 1983: direct payments

1.(1) Sections 31 (adults with capacity to request direct payments),…

PART 2 Provision to be inserted in Social Services and Well-Being (Wales) Act 2014

SCHEDULE 5 Health Education England

PART 1 Constitution

1.Membership

2.(1) The members of HEE must include persons who have…

3.Non-executive members: terms of office

4.Non-executive members: suspension from office

5.(1) Where a person is suspended from office as the…

6.Non-executive members: pay

7.Employees: terms of office

8.Employees: pay

9.Committees and sub-committees

10.Procedure

11.Seal and evidence

12.Status of HEE

PART 2 Functions

13.Exercise of functions

14.Help or advice for other public authorities

15.Co-operation

16.NHS contracts

17.Arrangements with devolved authorities

18.Failure to exercise functions

PART 3  Finance and reports

19.Funding

20.Financial duties: expenditure

21.Financial duties: use of generated income

22.Financial duties: controls on total resource use

23.Financial duties: additional controls on resource use

24.Losses and liabilities etc

25.Accounts

26.Annual accounts

27.Interim accounts

28.Annual report

PART 4 Consequential amendments

29.Public Records Act 1958

30.Public Bodies (Admission to Meetings) Act 1960

31.Parliamentary Commissioner Act 1967

32.House of Commons Disqualification Act 1975

33.Copyright, Designs and Patents Act 1988

34.Freedom of Information Act 2000

35.Equality Act 2010

SCHEDULE 6 Local Education and Training Boards

1.The area for which an LETB is appointed

2.Assessment of whether the appointment criteria are being met in relation to LETBs

3.Publication and review of the appointment criteria

4.Exercise of functions

SCHEDULE 7 The Health Research Authority

PART 1 Constitution

1.Membership

2.Non-executive members: terms of office

3.Non-executive members: suspension from office

4.(1) Where a person is suspended from office as the…

5.Non-executive members: pay

6.Employees: terms of office

7.Employees: pay

8.Committees and sub-committees

9.Regulations may provide for the committee appointed under paragraph 8(1)…

10.Procedure

11.Seal and evidence

12.Status of the HRA

PART 2  Functions

13.Exercise of functions

14.Help or advice for other public authorities

15.Arrangements with devolved authorities

16.Failure to exercise functions

PART 3  Finance and reports

17.Funding

18.Fees and indemnities

19.Accounts

20.Annual report

PART 4 Consequential amendments

21.Public Records Act 1958

22.Public Bodies (Admission to Meetings) Act 1960

23.Parliamentary Commissioner Act 1967

24.House of Commons Disqualification Act 1975

25.Copyright, Designs and Patents Act 1988

26.Freedom of Information Act 2000

27.Equality Act 2010

SCHEDULE 8 Research ethics committees: amendments

1.Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059)

2.Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194)

3.Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)

4.Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160)

5.Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161)

6.Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174)

7.Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order 2006 (S.S.I. 2006/310)

8.Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260)

9.Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810)

10.Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833)

11.Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010 (S.I. 2010/995)

12.Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734)


Categories: English Law

Tagged as: