Law

Health and Social Care (Community Health and Standards) Act 2003

United Kingdom · statute

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In force since 2023-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 211 provisions
  1. Title and introductory text
  2. 1 NHS foundation trusts
  3. 2 Independent Regulator of NHS Foundation Trusts
  4. 3 General duty of regulator
  5. 4 Applications by NHS trusts
  6. 5 Other applications
  7. 6 Authorisation of NHS foundation trusts
  8. 7 Effect of authorisation
  9. 8 Amendments of constitution
  10. 9 Variation of authorisation
  11. 10 Register of NHS foundation trusts
  12. 11 Power of Secretary of State to give financial assistance
  13. 12 Prudential borrowing code
  14. 13 Public dividend capital
  15. 14 Authorised services
  16. 15 Private health care
  17. 16 Protection of property
  18. 17 Financial powers
  19. 18 General powers
  20. 19 Information
  21. 20 Entry and inspection of premises
  22. 22 Trust funds and trustees
  23. 23 Failing NHS foundation trusts
  24. 24 Voluntary arrangements
  25. 25 Dissolution etc.
  26. 26 Sections 24 and 25: supplementary
  27. 27 Mergers
  28. 28 Section 27: supplementary
  29. 29 Co-operation between NHS bodies
  30. 30 Public involvement and consultation
  31. 31 Patients' Forums
  32. 32 Commission for Patient and Public Involvement in Health
  33. 33 Taxation
  34. 34 Other amendments relating to NHS foundation trusts
  35. 35 Conduct of elections
  36. 36 Offence
  37. 37 Representative membership
  38. 38 Audit
  39. 39 General duty of NHS foundation trusts
  40. 40 Interpretation of Part 1
  41. 41 The Commission for Healthcare Audit and Inspection
  42. 42 The Commission for Social Care Inspection
  43. 43 Transfer of property etc to CHAI and CSCI
  44. 44 Abolition of former regulatory bodies
  45. 45 Quality in health care
  46. 46 Standards set by Secretary of State
  47. 47 Standards set by Assembly
  48. 47A Code of practice relating to health care associated infections
  49. 47B Consultation etc.
  50. 47C Effect of code under section 47A
  51. 48 Introductory
  52. 49 National performance data
  53. 50 Annual reviews
  54. 51 Reviews: England and Wales
  55. 52 Reviews and investigations: England
  56. 53 Failings
  57. 53A Failings in connection with code under section 47A: improvement notices
  58. 53B Code of practice: action by CHAI following service of improvement notice
  59. 54 Functions relating to Secretary of State and Assembly
  60. 55 Reviews of data
  61. 56 Co-ordination of reviews
  62. 57 Studies as to economy, efficiency etc
  63. 58 Additional functions
  64. 59 Criteria
  65. 60 Provision of material
  66. 61 Co-operation between CHAI and the regulator
  67. 62 Fees
  68. 63 Fees: Wales
  69. 64 Reports and information
  70. 65 Co-operation between CHAI and the Audit Commission
  71. 66 Right of entry
  72. 67 Right of entry: supplementary
  73. 68 Power to require documents and information etc
  74. 69 Power to require explanation
  75. 69A Provision of information by Auditor General for Wales
  76. 70 Reviews and investigations relating to Wales
  77. 71 Reporting to Secretary of State and regulator
  78. 72 Right of entry
  79. 73 Right of entry: supplementary
  80. 74 Power to require documents and information
  81. 75 Power to require explanation
  82. 76 Introductory
  83. 77 Information and advice
  84. 78 Review of studies and research
  85. 79 Annual reviews
  86. 80 Other reviews and investigations
  87. 81 Failings
  88. 82 Studies as to economy, efficiency etc
  89. 83 Joint working with Audit Commission
  90. 84 Additional functions
  91. 85 Criteria
  92. 86 Fees
  93. 87 Reports and information
  94. 88 Right of entry
  95. 89 Right of entry: supplementary
  96. 90 Power to require information etc
  97. 91 Power to require explanation
  98. 102 Transfer of functions to CHAI and CSCI
  99. 103 General functions of CHAI
  100. 104 General functions of CSCI
  101. 105 Fees
  102. 106 Meaning of “independent medical agency”
  103. 107 Children’s homes providing secure accommodation
  104. 108 Information and inspection
  105. 109 Assembly: duties relating to children
  106. 110 Boarding schools and colleges
  107. 111 Boarding schools and colleges: reports
  108. 112 Secure training centres
  109. 113 Complaints about health care
  110. 114 Complaints about social services: England
  111. 115 Complaints regulations: supplementary
  112. 116 Further consideration of representations under the Children Act 1989
  113. 117 Representations relating to special guardianship support services
  114. 118 Complaints about handling of complaints
  115. 119 Complaints: data protection
  116. 120 Co-operation etc
  117. 121 Reviews and investigations
  118. 122 Joint annual reviews
  119. 123 Power to assist
  120. 124 Arrangements with Ministers etc: CHAI
  121. 125 Arrangements with Ministers etc: CSCI
  122. 126 Arrangements with the Isle of Man and Channel Islands: CHAI
  123. 127 Arrangements with the Isle of Man and Channel Islands: CSCI
  124. 128 Reports: CHAI
  125. 129 Reports: CSCI
  126. 130 Duty to have regard to government policy: CHAI
  127. 131 Duty to have regard to government policy: CSCI
  128. 132 Failure in discharge of functions: CHAI
  129. 133 Failure in discharge of functions: CSCI
  130. 134 Inquiries: CHAI
  131. 135 Inquiries: CSCI
  132. 136 Disclosure of information obtained by CHAI
  133. 137 Section 136: defence
  134. 138 Information obtained by CHAI: supplementary
  135. 139 Information obtained by CSCI: supplementary
  136. 140 Code of practice: CHAI
  137. 141 Code of practice: CSCI
  138. 142 Annual reports of Assembly
  139. 143 Use by Welsh Ministers of information
  140. 144 Inquiries: Wales
  141. 145 Co-operation between Assembly and CHAI
  142. 145A Duties in connection with the Auditor General for Wales
  143. 146 Offences by bodies corporate
  144. 147 Minor and consequential amendments
  145. 148 Interpretation of Part 2
  146. 150 Liability to pay NHS charges
  147. 151 Applications for certificates of NHS charges
  148. 152 Section 151: supplementary
  149. 153 Information contained in certificates
  150. 154 Payment of NHS charges
  151. 155 Recovery of NHS charges
  152. 156 Review of certificates
  153. 157 Appeal against a certificate or a waiver decision
  154. 158 Appeal tribunals
  155. 159 Appeal to Social Security Commissioner
  156. 160 Provision of information
  157. 161 Use of information held by the Secretary of State or the Scottish Ministers etc.
  158. 162 Payment of NHS charges to hospitals or ambulance trusts
  159. 163 Regulations governing lump sums, periodical payments etc
  160. 164 Liability of insurers
  161. 165 Power to apply Part 3 to treatment at non-health service hospitals
  162. 166 The Crown
  163. 167 Regulations
  164. 168 Interpretation of Part 3
  165. 169 Consequential and minor repeals
  166. 170 Provision of primary dental services
  167. 171 Dental public health
  168. 172 General dental services contracts
  169. 173 General dental services: transitional
  170. 174 Provision of primary medical services
  171. 175 General medical services contracts
  172. 176 General medical services: transitional
  173. 177 Arrangements under section 28C of the 1977 Act
  174. 178 Abolition of pilot schemes
  175. 179 Persons performing primary medical and dental services
  176. 180 Assistance and support
  177. 181 Abolition of Dental Practice Board
  178. 182 Special Health Authorities
  179. 183 Charges for dental services
  180. 184 Minor and consequential amendments
  181. 185 Replacement of the Welfare Food Schemes: Great Britain
  182. 186 Replacement of the Welfare Food Schemes: Northern Ireland
  183. 187 Appointments to certain health and social care bodies
  184. 188 Appointments to certain health and social care bodies: joint functions
  185. 189 Validity of clearance for employment in certain NHS posts
  186. 190 Abolition of Public Health Laboratory Service Board
  187. 192 Amendment of provision relating to reform of Welsh health authorities
  188. 193 Financial provisions
  189. 194 Interpretation
  190. 195 Orders and regulations
  191. 196 Repeals and revocations
  192. 197 Wales
  193. 198 Isles of Scilly
  194. 199 Commencement
  195. 200 Transitional or transitory provision and savings
  196. 201 Supplementary and consequential provision
  197. 202 Extent
  198. 203 Short title
  199. SCHEDULE 1 Constitution of public benefit corporations
  200. SCHEDULE 2 Independent Regulator of NHS Foundation Trusts
  201. SCHEDULE 3 Transfer of staff
  202. SCHEDULE 4 Amendments relating to NHS foundation trusts
  203. SCHEDULE 6 CHAI: supplementary
  204. SCHEDULE 7 CSCI: supplementary
  205. SCHEDULE 8 CHAI and CSCI: transfers of property and staff, etc
  206. SCHEDULE 9 Part 2: minor and consequential amendments
  207. SCHEDULE 10 Recovery of NHS charges: exempted payments
  208. SCHEDULE 11 Part 4: minor and consequential amendments
  209. SCHEDULE 12 Privy Council appointments
  210. SCHEDULE 13 Amendments consequential on the abolition of the Public Health Laboratory Service Board
  211. SCHEDULE 14 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

211 provisions

41 The Commission for Healthcare Audit and Inspection

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42 The Commission for Social Care Inspection

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43 Transfer of property etc to CHAI and CSCI

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44 Abolition of former regulatory bodies

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45 Quality in health care

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In this Part “health care” means— (a) services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and (b) the promotion and protection of public health. (3) In subsection (2)(a), “illness” has the meaning given by section 275 of the 2006 Act. (4) In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006.

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46 Standards set by Secretary of State

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47 Standards set by Assembly

(1) The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies. (2) The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate. (3) The Assembly must consult such persons as it considers appropriate— (a) before publishing a statement under this section; (b) before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards. (4) The standards set out in statements under this section are to be taken into account by a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).

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47A Code of practice relating to health care associated infections

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47B Consultation etc.

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47C Effect of code under section 47A

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48 Introductory

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49 National performance data

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50 Annual reviews

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51 Reviews: England and Wales

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52 Reviews and investigations: England

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53 Failings

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53A Failings in connection with code under section 47A: improvement notices

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53B Code of practice: action by CHAI following service of improvement notice

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54 Functions relating to Secretary of State and Assembly

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55 Reviews of data

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56 Co-ordination of reviews

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57 Studies as to economy, efficiency etc

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58 Additional functions

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59 Criteria

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60 Provision of material

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61 Co-operation between CHAI and the regulator

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62 Fees

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63 Fees: Wales

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64 Reports and information

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65 Co-operation between CHAI and the Audit Commission

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66 Right of entry

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67 Right of entry: supplementary

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68 Power to require documents and information etc

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69 Power to require explanation

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69A Provision of information by Auditor General for Wales

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70 Reviews and investigations relating to Wales

(1) The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies. (2) The Assembly may in particular under this section conduct— (a) a review of the overall provision of health care by and for Welsh NHS bodies; (b) a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies; (c) a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body. (3) The Assembly has the function of conducting reviews of the steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services). (3A) Before conducting a review under this section the Assembly must— (a) consult the Auditor General for Wales, and (b) take into account any relevant work done or being done by the Auditor General for Wales. (4) In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with— (a) the availability of, and access to, the health care; (b) the quality and effectiveness of the health care; (c) the financial or other management of the health care and the economy and efficiency of its provision; (d) the availability and quality of information provided to the public about the health care; (e) the need to safeguard and promote the rights and welfare of children; and (f) the effectiveness of measures taken for the purpose specified in paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body, and must take into account the standards set out in statements published under section 47. (5) For the purposes of this section the Assembly may carry out an inspection of— (a) any Welsh NHS body; (b) any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere). (6) Where the Assembly conducts a review under this section it must publish a report.

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71 Reporting to Secretary of State and regulator

(1) The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, it is of the view that— (a) there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA; (b) there are significant failings in the running of an English NHS body or cross-border SHA; or (c) there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA. (2) A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measuresor request another person to take special measures in relation to— (a) the English NHS body or cross-border SHA; and (b) in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A report under this section must give the Assembly’s reasons for its view and for any recommendation made.

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72 Right of entry

(1) A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect— (a) any premises owned or controlled by a Welsh NHS body; (b) any other premises used, or proposed to be used, for any purpose connected with— (i) the provision of health care by or for a Welsh NHS body; or (ii) the discharge of any of the functions of a Welsh NHS body. (2) A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.

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73 Right of entry: supplementary

(1) A person authorised by virtue of section 72 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter— (a) inspect, take copies of and remove from the premises any documents or records (including personal records); (b) inspect any other item and remove it from the premises; (c) interview in private— (i) any person working at the premises; (ii) any person receiving health care there who consents to be interviewed; and (d) make any other examination into the state and management of the premises and treatment of persons receiving health care there. (2) The power in subsection (1)(a) includes— (a) power to require any person holding or accountable for documents or records kept on the premises to produce them; and (b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away. (3) A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question. (4) A person authorised by virtue of section 72 to enter and inspect any premises may— (a) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 72 or this section; and (b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers. (5) Any person who without reasonable excuse— (a) obstructs the exercise of any power conferred by section 72 or this section, or (b) fails to comply with any requirement of section 72 or this section, is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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74 Power to require documents and information

(1) The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items— (a) which relates or relate to— (i) the provision of health care by or for a Welsh NHS body; or (ii) the discharge of any of the functions of a Welsh NHS body; and (b) which the Assembly considers it necessary or expedient to have for the purposes of this Chapter. (2) The persons referred to in subsection (1) are— (a) the Welsh NHS body; (b) any person providing health care for, or exercising functions of, the Welsh NHS body; (c) a local authority in Wales. (3) The power in subsection (1) to require the provision of records includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form. (4) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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