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(b) before “he” insert “it or”.

(6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “the
Health Research Authority or (as the case may be)”.

(7) In paragraph (3) of that regulation, for the words from the beginning to “in the
5register” substitute “The Health Research Authority shall retain the particulars
of each entry it records in the register, and the Secretary of State shall retain the
particulars of each entry he records in the register,”.

(8) For paragraph (4) of that regulation substitute—

(4) The Health Research Authority shall, in such manner and to such
10extent as it considers appropriate, publish entries it records in the
register; and the Secretary of State shall, in such manner and to such
extent as he considers appropriate, publish entries he records in the
register.

CHAPTER 3 Chapters 1 and 2: supplementary

15Miscellaneous

116 Transfer orders

(1) An order under section 94 (establishment of Health Education England) or
section 107 (establishment of the Health Research Authority) (a “transfer
order”) may make provision for rights and liabilities relating to an individual’s
20contract of employment.

(2) A transfer order may, in particular, make provision the same as or similar to
provision in the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (S.I. 2006/246S.I. 2006/246).

(3) A transfer order may provide for the transfer of property, rights or liabilities—

(a) 25whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise
apply.

(4) A transfer order may create rights, or impose liabilities, in relation to property,
rights or liabilities transferred.

(5) 30A transfer order may provide for things done by or in relation to the transferor
for the purposes of or in connection with anything transferred to be—

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(6) A transfer order may in particular make provision about continuation of legal
35proceedings.

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General

117 Chapters

1

and

2

: interpretation and supplementary provision

(1) 5For the purposes of Chapters

1

and

2

, an expression in the first column of the
10following table is defined or otherwise explained by the provision of this Act
specified in the second column.

Expression Provision
Appointment criteria Section 102
Commissioner of health services Section 103
Devolved authority 15Section 122
Devolved legislature Section 122
Direct or direction Subsection (2) below
Enactment Section 122
Financial year Section 122
Health care workers 20Section 95
Health research Section 108
The health service Section 122
Health services Section 97
HEE Section 94
The HRA 25Section 107
LETB Section 101
Social care research Section 108

(2) A power under Chapter

1

30 or

2

to give a direction—

(a) includes a power to vary or revoke the direction by a subsequent
direction, and

(b) 35must be exercised by giving the direction in question in writing.

(3) The amendments made by sections 114 and 115 and Schedule 8 to provisions
of subordinate legislation do not affect the power to make further subordinate
legislation amending or revoking the amended provisions.

CHAPTER 4 Trust special administration

118 40Powers of administrator etc.

(1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2:

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interpretation) (the existing text of which becomes subsection (1)) at the end
insert—

(2) The references in this Chapter to taking action in relation to an NHS
trust include a reference to taking action, including in relation to
5another NHS trust or an NHS foundation trust, which is necessary for
and consequential on action taken in relation to that NHS trust.

(3) The references in this Chapter to taking action in relation to an NHS
foundation trust include a reference to taking action, including in
relation to another NHS foundation trust or an NHS trust, which is
10necessary for and consequential on action taken in relation to that NHS
foundation trust.

(2) In section 65F of that Act (administrator’s draft report), in subsection (1), for
“45 working days” substitute “65 working days”.

(3) After subsection (2C) of that section insert—

(2D) 15Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (2A) to a commissioner also include a reference to a person
to which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.

(4) 20In section 65G of that Act (consultation plan), in subsection (2), for “30 working
days” substitute “40 working days”.

(5) After subsection (6) of that section insert—

(7) Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
25subsection (4) to a commissioner also include a reference to a person to
which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.

(6) In section 65N of that Act (guidance), after subsection (1) insert—

(1A) It must, in so far as it applies to NHS trusts, include guidance about—

(a) 30seeking the support of commissioners for an administrator’s
recommendation;

(b) involving the Board in relation to finalising an administrator’s
report or draft report.

(7) In section 13Q of that Act (public involvement and consultation by NHS
35Commissioning Board), at the end insert—

(4) This section does not require the Board to make arrangements in
relation to matters to which a trust special administrator’s report or
draft report under section 65F or 65I relates before the Secretary of State
makes a decision under section 65K(1), is satisfied as mentioned in
40section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9)
(as the case may be).

(8) In section 14Z2 of that Act (public involvement and consultation by clinical
commissioning groups), at the end insert—

(7) This section does not require a clinical commissioning group to make
45arrangements in relation to matters to which a trust special

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administrator’s report or draft report under section 65F or 65I relates
before the Secretary of State makes a decision under section 65K(1), is
satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a
decision under section 65KD(9) (as the case may be).

(9) 5In section 242 of that Act (public involvement and consultation by NHS trusts
and foundation trusts), in subsection (6)—

(a) for “65I, 65R or 65U” substitute “or 65I”, and

(b) for the words from “the decision” to the end substitute “the Secretary of
State makes a decision under section 65K(1), is satisfied as mentioned
10in section 65KB(1) or 65KD(1) or makes a decision under section
65KD(9) (as the case may be).”

(10) In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts
in England: consequential amendments)—

(a) after paragraph 4 insert—

4A 15In section 13Q(4) (public involvement and consultation by
Board), omit “makes a decision under section 65K(1),”.

4B In section 14Z2 (public involvement and consultation by
clinical commissioning groups), omit “makes a decision
under section 65K(1),”.,

(b) 20in paragraph 15, after sub-paragraph (3) insert—

(3A) In subsection (2D), omit “or an NHS trust” and “or the NHS
trust.,

(c) in paragraph 16 (the text of which becomes sub-paragraph (1)) at the
end insert—

(2) 25In subsection (7) of that section, omit “or an NHS trust” and
“or the NHS trust”.,

(d) in paragraph 24, after sub-paragraph (2) insert—

(2A) Omit subsection (1A).,

(e) after that paragraph insert—

24A 30In section 65O (interpretation)—

(a) omit subsection (2), and

(b) in subsection (3), omit “or an NHS trust”., and

(f) in paragraph 35, omit the “and” preceding paragraph (d) and after that
paragraph insert , and

(e) 35in subsection (6), omit “makes a decision under
section 65K(1),”.

Part 4 General

119 Power to make consequential provision

(1) 40The Secretary of State may by order make provision in consequence of a
provision of this Act.

(2) An order under this section may amend, repeal, revoke or otherwise modify an
enactment.

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(3) The power conferred by this section is not restricted by any other provision of
this Act.

(4) A saving or a transitional or transitory provision in an order under this section
by virtue of section 121(7) may, in particular, modify the application of a
5provision made by the order pending the commencement of—

(a) another provision of the order,

(b) a provision of this Act, or

(c) any other enactment.

(5) Before making an order under this section that contains provision which is
10within the legislative competence of a devolved legislature, the Secretary of
State must consult the relevant devolved authority.

(6) A reference to an enactment includes a reference to an enactment passed or
made after the passing of this Act.

120 Power to make transitional etc. provision

(1) 15The Secretary of State may by order make transitional, transitory or saving
provision in connection with the commencement of a provision of this Act.

(2) An order under this section may modify the application of a provision of this
Act pending the commencement of—

(a) another provision of this Act, or

(b) 20any other enactment (including one passed or made after the passing of
this Act).

121 Regulations and orders

(1) A power to make regulations under this Act is exercisable by the Secretary of
State.

(2) 25Regulations and orders under this Act must be made by statutory instrument.

(3) Subject to subsections (4) and (5), a statutory instrument containing regulations
or an order under this Act is subject to annulment in pursuance of a resolution
of either House of Parliament.

(4) A statutory instrument which contains (whether alone or with other provision)
30any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 13(7) (the eligibility criteria);

(b) regulations under section 15(4) (the cap on care costs) other than those
made in discharge of the duty under section 16(1);

(c) 35the first regulations under section 15(8) (the amount attributable to an
adult’s daily living costs);

(d) regulations under section 22(2)(b) (services or facilities which a local
authority may not provide or arrange);

(e) regulations under section 35(9) or 36(3) (deferred payment agreements
40and loans and alternative financial arrangements) which include
provision that amends or repeals a provision of an Act of Parliament;

(f) the first regulations under section 53(12) (meaning of references to
business failure);

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(g) the first regulations under section 54(1) (criteria for application of
market oversight regime);

(h) the first regulations under section 54(4) (disapplication of market
oversight regime in particular cases);

(i) 5the first regulations under section 63(2) (exercise of power to meet
child’s carer’s needs for support);

(j) an order under section 78(9) (delegation of local authority functions);

(k) regulations under section 90 (offence of supplying etc false or
misleading information);

(l) 10an order under section 119 (consequential provision) which includes
provision that amends or repeals a provision of an Act of Parliament;

(m) regulations under paragraph 17 of Schedule 7 (fees chargeable by the
HRA).

(5) Subsection (3) does not apply to—

(a) 15an order under section 94 (transfer order to new HEE);

(b) an order under section 107 (transfer order to new HRA);

(c) an order under section 120 (transitional etc. provision);

(d) an order under section 123 (commencement).

(6) A power to make regulations or an order under this Act—

(a) 20may be exercised for all cases to which the power applies, for those
cases subject to specified exceptions, or for any specified cases or
descriptions of case,

(b) may be exercised so as to make, for the cases for which it is exercised—

(i) the full provision to which the power applies or any less
25provision (whether by way of exception or otherwise);

(ii) the same provision for all cases for which the power is
exercised, or different provision for different cases or different
descriptions of case, or different provision as respects the same
case or description of case for different purposes of this Act;

(iii) 30any such provision either unconditionally or subject to
specified conditions, and

(c) may, in particular, make different provision for different areas.

(7) A power to make regulations or an order under this Act (other than the power
to make an order under section 120 or 123) includes —

(a) 35power to make incidental, supplementary, consequential, saving,
transitional or transitory provision, and

(b) power to provide for a person to exercise a discretion in dealing with a
matter.

(8) Before making regulations under section 53(12) (meaning of references to
40business failure), the Secretary of State must consult the Welsh Ministers and
the Department for Health, Social Services and Public Safety in Northern
Ireland.

122 General interpretation

In this Act—

123 Commencement

(1) 15The provisions of Parts 1 to 3 come into force on such day as the Secretary of
State may by order appoint.

(2) The provisions of this Part come into force on the day on which this Act is
passed.

(3) Before making an order under this section bringing section 51 (provider
20failure: temporary duty on local authority in Wales in cross-border cases) or 74
(after-care under the Mental Health Act 1983) into force, the Secretary of State
must obtain the consent of the Welsh Ministers.

(4) Before making an order under this section bringing section 52 (provider
failure: temporary duty on Health and Social Care trusts in cross-border cases)
25into force, the Secretary of State must obtain the consent of the Department for
Health, Social Services and Public Safety in Northern Ireland.

(5) Different days may be appointed under subsection (1) for different purposes
(including different areas).

124 Extent and application

(1) 30This Act extends to England and Wales only, subject to subsections (2) and (3).

(2) Any amendment, repeal or revocation made by this Act has the same extent as
the enactment being amended, repealed or revoked, other than the amendment
made by section 67(3) which extends to England and Wales only.

(3) The following also extend to Scotland and Northern Ireland—

(a) 35section 39(8) and Schedule 1 (cross-border placements);

(b) sections 50 to 53 (provider failure: temporary duty in relation to cross-
border cases);

(c) Chapter

2

40 of Part

3

(the HRA);

(d) section 116 (transfer orders), so far as relating to section 107 (the HRA);

(e) section 117 (Chapters

451

and

2

of Part

3

50: interpretation and
supplementary provision);

(f) this Part;

(g) paragraph 17 of Schedule 5 (arrangements between HEE and devolved
authorities) and section 94(2) so far as relating to that paragraph.

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(4) The Secretary of State may by order provide that specified provisions of this
Act, in their application to the Isles of Scilly, have effect with such
modifications as may be specified.

125 Short title

(1) 5This Act may be cited as the Care Act 2014.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

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SCHEDULES

Section 39

SCHEDULE 1 Cross-border placements

Placements from England to Wales, Scotland or Northern Ireland

1 (1) 5Where a local authority in England is meeting an adult’s needs for care and
support by arranging for the provision of accommodation in Wales, the
adult—

(a) is to be treated for the purposes of this Part as ordinarily resident in
the local authority’s area, and

(b) 10is accordingly not to be treated for the purposes of the Social Services
and Well-being (Wales) Act 2014 as ordinarily resident anywhere in
Wales.

(2) Where a local authority in England, in reliance on section 22(4), is making
arrangements which include the provision of accommodation in Wales,
15section 22(4) is to have effect as if for paragraph (a) there were substituted—

(a) the authority has obtained consent for it to arrange for the
provision of the nursing care from the Local Health Board for
the area in which the accommodation is provided,.

(3) Where a local authority in England is meeting an adult’s needs for care and
20support by arranging for the provision of accommodation in Scotland—

(a) the adult is to be treated for the purposes of this Part as ordinarily
resident in the local authority’s area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
25(Scotland) Act 2003 applies in the adult’s case.

(4) Where a local authority in England is meeting an adult’s needs for care and
support by arranging for the provision of accommodation in Northern
Ireland—

(a) the adult is to be treated for the purposes of this Part as ordinarily
30resident in the local authority’s area, and

(b) no duty under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care (Reform) Act
(Northern Ireland) 2009 to provide or secure the provision of
accommodation or other facilities applies in the adult’s case.

(5) 35Section 22 (prohibition on provision of health services) is to have effect—

(a) in its application to a case within sub-paragraph (1)—

(i) as if the references in subsections (1) and (6) to the National
Health Service Act 2006 included a reference to the National
Health Service (Wales) Act 2006, and

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(ii) as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Local Health
Board;

(b) 5in its application to a case within sub-paragraph (3)—

(i) as if the references in subsections (1) and (6) to the National
Health Service Act 2006 included a reference to the National
Health Service (Scotland) Act 1978, and

(ii) as if the reference in subsection (6) to a clinical
10commissioning group or the National Health Service
Commissioning Board included a reference to a Health Board
or Special Health Board;

(c) in its application to a case within sub-paragraph (4)—

(i) as if the references in subsections (1) and (6) to a service or
15facility provided under the National Health Service Act 2006
included a reference to health care provided under the
Health and Personal Social Services (Northern Ireland) Order
1972 or the Health and Social Care (Reform) Act (Northern
Ireland) 2009, and

(ii) 20as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Health and
Social Care trust.

(6) Regulations may make further provision in relation to arrangements of the
25kind referred to in this paragraph.

(7) The regulations may specify circumstances in which, in a case within sub-
paragraph (3), specified duties under Part 2 of the Social Work (Scotland)
Act 1968 are nonetheless to apply in the case of the adult concerned (and
paragraph (b) of that sub-paragraph is to be read accordingly).

30Placements from Wales to England, Scotland or Northern Ireland

2 (1) Where a local authority in Wales is discharging its duty under section 21 of
the Social Services and Well-being (Wales) Act 2014 by arranging for the
provision of accommodation in England, the adult concerned—

(a) is to be treated for the purposes of that Act as ordinarily resident in
35the local authority’s area, and

(b) is accordingly not to be treated for the purposes of Part 1 of this Act
as ordinarily resident anywhere in England.

(2) Where a local authority in Wales is arranging for the provision of
accommodation in England in the exercise of its power under section 22 of
40the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority’s area
immediately before being provided by the local authority
with accommodation in England, as remaining within that
45area;

(ii) in a case where the adult was outside but ordinarily resident
in the local authority’s area immediately before being
provided by the local authority with accommodation in

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