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)
