|
| |
|
(2) | In section 29(4A)(c) of the National Assistance Act 1948 (c. 29) (which provides |
| |
for section 43 to apply where accommodation in a hostel is provided under |
| |
section 29(4)(c)), for “sections 32 and 43 shall apply as they apply” substitute |
| |
“section 32 shall apply as it applies”. |
| |
(3) | In section 51(1) of that Act, for “, himself or any other person” substitute “him”. |
| 5 |
(4) | In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of |
| |
accommodation treated as being under Part 3 of the National Assistance Act |
| |
1948), for the words from “(as amended”, where first occurring, to “etc.)” |
| |
substitute “(as amended by any enactment within the meaning of the Scotland |
| |
Act 1998 (c. 46)) of the said Act of 1948”. |
| 10 |
(5) | In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (definition |
| |
of “social services functions” for purposes of the 1970 Act), in the entry relating |
| |
to sections 43 to 45 of the National Assistance Act 1948, for “Sections 43 to” |
| |
| |
(6) | The provisions of this section have effect subject to, and in accordance with, |
| 15 |
| |
140 | Ordinary residence for certain purposes of National Assistance Act 1948 etc. |
| |
(1) | In section 24 of the National Assistance Act 1948 (authority liable for provision |
| |
of accommodation) for subsections (6) and (7) substitute— |
| |
“(6) | For the purposes of the provision of residential accommodation under |
| 20 |
this Part, a patient (“P”) for whom NHS accommodation is provided |
| |
shall be deemed to be ordinarily resident in the area, if any, in which P |
| |
was resident before the NHS accommodation was provided for P, |
| |
whether or not P in fact continues to be ordinarily resident in that area. |
| |
(6A) | In subsection (6) “NHS accommodation” means— |
| 25 |
(a) | accommodation (at a hospital or elsewhere) provided under the |
| |
National Health Service Act 2006 or the National Health Service |
| |
| |
(b) | accommodation provided under section 117 of the Mental |
| |
Health Act 1983 by a Primary Care Trust or Local Health Board, |
| 30 |
other than accommodation so provided jointly with a local |
| |
| |
(2) | In section 32 of that Act (adjustments between authority providing |
| |
accommodation, etc., and authority of area of residence) for subsection (3) |
| |
| 35 |
“(3) | Any question arising under this Part as to a person’s ordinary residence |
| |
shall be determined by the Secretary of State or by the Welsh Ministers. |
| |
(4) | The Secretary of State and the Welsh Ministers shall make and publish |
| |
arrangements for determining which cases are to be dealt with by the |
| |
Secretary of State and which are to be dealt with by the Welsh |
| 40 |
| |
(5) | Those arrangements may include provision for the Secretary of State |
| |
and the Welsh Ministers to agree, in relation to any question that has |
| |
arisen, which of them is to deal with the case.” |
| |
(3) | In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) |
| 45 |
|
| |
|
| |
|
(provision of welfare services) after subsection (1) insert— |
| |
“(1A) | Subsections (3) to (5) of section 32 of the National Assistance Act 1948 |
| |
(which relate to the determination of any question arising under Part 3 |
| |
of that Act as to a person’s ordinary residence) apply in relation to any |
| |
question arising under this section as to a person’s ordinary residence |
| 5 |
as they apply in relation to such a question arising under Part 3 of that |
| |
| |
Financial assistance related to provision of health or social care services |
| |
141 | Power of Secretary of State to give financial assistance |
| |
(1) | The Secretary of State may give financial assistance to qualifying bodies which |
| 10 |
| |
(a) | the provision in England of health services or of social care services, or |
| |
(b) | the provision to other persons of services that are connected with the |
| |
provision in England by those other persons of health services or of |
| |
| 15 |
(2) | The Secretary of State may also give financial assistance to persons for the |
| |
purposes of the establishment by them of qualifying bodies which satisfy any |
| |
conditions prescribed for the purposes of this subsection and which are to be |
| |
| |
(a) | the provision in England of health services or of social care services, or |
| 20 |
(b) | the provision to other persons of services that will be connected with |
| |
the provision in England by those other persons of health services or of |
| |
| |
| |
(1) | A body is a qualifying body for the purposes of this group of sections if— |
| 25 |
(a) | a reasonable person might consider that its activities are being carried |
| |
on for the benefit of the community in England, |
| |
(b) | except in the case of a body of a prescribed kind, it satisfies prescribed |
| |
conditions relating to the distribution of its profits, |
| |
(c) | it is carrying on a business, and |
| 30 |
(d) | it satisfies such other conditions as may be prescribed. |
| |
(2) | Regulations may provide that— |
| |
(a) | a body may only be a qualifying body if it is of a prescribed kind; |
| |
(b) | activities of a prescribed description are to be treated as being, or as not |
| |
being, activities which a reasonable person might consider are activities |
| 35 |
carried on for the benefit of the community in England. |
| |
(3) | “Community” includes a section of the community; and regulations may make |
| |
provision about what does, does not or may constitute a section of the |
| |
| |
143 | Forms of assistance under s. 141 |
| 40 |
(1) | Subject to subsection (3), financial assistance under section 141 may be given in |
| |
| |
|
| |
|
| |
|
(2) | Assistance may, in particular, be given by way of— |
| |
| |
| |
| |
(d) | in the case of assistance under section 141(1) given to a company, |
| 5 |
purchasing share capital of the company. |
| |
(3) | Financial assistance under section 141(2) given to a company may not be given |
| |
by way of purchasing share capital of the company. |
| |
144 | Terms on which assistance under s. 141 is given |
| |
(1) | Financial assistance under section 141 may be given on such terms as the |
| 10 |
Secretary of State considers appropriate. |
| |
(2) | The terms may, in particular, include provisions as to— |
| |
(a) | circumstances in which the assistance is to be repaid, or otherwise |
| |
made good, to the Secretary of State, and the manner in which that is to |
| |
| 15 |
(b) | the keeping, and making available for inspection, of accounts and other |
| |
| |
(3) | The person receiving assistance under section 141 must comply with the terms |
| |
on which it is given, and compliance may be enforced by the Secretary of State. |
| |
145 | Directions to certain NHS bodies |
| 20 |
(1) | The Secretary of State may direct— |
| |
(a) | a Primary Care Trust, |
| |
(b) | a Strategic Health Authority, |
| |
(c) | a National Health Service trust all or most of whose hospitals, |
| |
establishments and facilities are situated in England, or |
| 25 |
(d) | a Special Health Authority performing functions only or mainly in |
| |
| |
| to exercise any functions of the Secretary of State in relation to financial |
| |
assistance under section 141. |
| |
(2) | The Secretary of State may give directions to any of the bodies mentioned in |
| 30 |
subsection (1) about the exercise by it of any function of the Secretary of State |
| |
which it exercises by virtue of that subsection. |
| |
146 | Arrangements with other third parties |
| |
(1) | The Secretary of State may make arrangements for— |
| |
(a) | financial assistance under section 141 to be given, or |
| 35 |
(b) | other functions relating to such assistance to be exercised, |
| |
| by a person other than a body mentioned in section 145(1) or an English local |
| |
| |
(2) | A person with whom the Secretary of State makes arrangements under |
| |
subsection (1) is referred to in this section as P. |
| 40 |
(3) | Arrangements under subsection (1) may provide for the functions concerned |
| |
| |
|
| |
|
| |
|
(a) | either wholly or to such extent as may be specified in the arrangements, |
| |
| |
(b) | either generally or in such cases or circumstances as may be so |
| |
| |
(4) | Arrangements under subsection (1) may make provision— |
| 5 |
(a) | subject to section 143(3), as to the forms of financial assistance which |
| |
| |
(b) | as to the terms on which financial assistance may be given by P. |
| |
(5) | Arrangements under subsection (1) may— |
| |
(a) | provide for the Secretary of State to make payments to P, and |
| 10 |
(b) | make provision as to the circumstances in which any such payments |
| |
are to be repaid to the Secretary of State. |
| |
(6) | In subsection (1) “English local authority” includes a non-metropolitan district |
| |
council for an area for which there is a county council. |
| |
147 | Power to form company |
| 15 |
The Secretary of State may form, or participate in forming, one or more |
| |
companies with a view to making arrangements under section 146(1) with the |
| |
companies for financial assistance under section 141 to be given, or other |
| |
functions relating to such assistance to be exercised, by the company. |
| |
148 | Interpretation of group of sections |
| 20 |
(1) | In this section and sections 141 to 147 “this group of sections” means this |
| |
section and those sections. |
| |
(2) | In this group of sections— |
| |
“company” means a company as defined by section 1 of the Companies |
| |
| 25 |
“English local authority” means— |
| |
(a) | a county council in England, |
| |
(b) | a metropolitan district council, |
| |
(c) | a non-metropolitan district council for an area for which there is |
| |
| 30 |
(d) | a London borough council, |
| |
(e) | the Common Council of the City of London, or |
| |
(f) | the Council of the Isles of Scilly; |
| |
“health services” means services which must or may be provided for the |
| |
purposes of the health service continued under section 1(1) of the |
| 35 |
National Health Service Act 2006 (c. 41) or services which are similar to |
| |
| |
“prescribed” means prescribed by regulations; |
| |
“qualifying body” has the meaning given by section 142; |
| |
“regulations” means regulations made by the Secretary of State; |
| 40 |
“social care services” means services which an English local authority |
| |
must or may provide or arrange to be provided under any of the |
| |
| |
(a) | Part 3 of the National Assistance Act 1948 (c. 29), |
| |
|
| |
|
| |
|
(b) | section 45 of the Health Services and Public Health Act 1968 |
| |
| |
(c) | section 117 of the Mental Health Act 1983 (c. 20), and |
| |
(d) | section 254 of, and Schedule 20 to, the National Health Service |
| |
| 5 |
or services which are similar to such services. |
| |
National Information Governance Board for Health and Social Care |
| |
149 | National Information Governance Board for Health and Social Care |
| |
(1) | After section 250 of the National Health Service Act 2006 insert— |
| |
“The National Information Governance Board for Health and Social Care |
| 10 |
250A | National Information Governance Board: functions |
| |
(1) | There is to be a board known as the National Information Governance |
| |
Board for Health and Social Care. |
| |
(2) | The functions of the Board are— |
| |
(a) | to monitor the practice followed by relevant bodies in relation |
| 15 |
to the processing of relevant information, |
| |
(b) | to keep the Secretary of State, and such bodies as the Secretary |
| |
of State may designate by direction, informed about the practice |
| |
being followed by relevant bodies in relation to the processing |
| |
| 20 |
(c) | to publish guidance on the practice to be followed in relation to |
| |
the processing of relevant information, |
| |
(d) | to advise the Secretary of State on particular matters relating to |
| |
the processing of relevant information by any person, and |
| |
(e) | to advise persons who process relevant information on such |
| 25 |
matters relating to the processing of relevant information by |
| |
them as the Secretary of State may from time to time designate |
| |
| |
(3) | The Board must, in exercising its functions, seek to improve the practice |
| |
followed by relevant bodies in relation to the processing of relevant |
| 30 |
| |
(4) | In this section “relevant information” means — |
| |
| |
(b) | any other information obtained or generated in the course of the |
| |
provision of the health service, and |
| 35 |
(c) | any information obtained or generated in the course of the |
| |
exercise by a local social services authority in England of its |
| |
adult social services functions. |
| |
(5) | In subsection (4) “patient information” means— |
| |
(a) | information (however recorded) which relates to the physical or |
| 40 |
mental health or condition of an individual (“P”), to the |
| |
diagnosis of P’s condition or to P’s care or treatment, and |
| |
(b) | information (however recorded) which is to any extent derived, |
| |
directly or indirectly, from that information, |
| |
|
| |
|
| |
|
| whether or not the identity of the individual in question is ascertainable |
| |
| |
(6) | The Board must provide advice under subsection (2)(d) if requested to |
| |
do so by the Secretary of State; and may provide advice under |
| |
subsection (2)(d) or (e) without being requested to do so by the person |
| 5 |
to whom the advice is to be provided. |
| |
(7) | A relevant body must have regard to any guidance published under |
| |
subsection (2)(c) and any advice given to it under subsection (2)(e); and |
| |
the Secretary of State must have regard to any advice given under |
| |
| 10 |
(8) | The Board may request any relevant body to provide the Board with |
| |
specified information for the purpose of enabling the Board to ascertain |
| |
whether the relevant body has had proper regard to— |
| |
(a) | guidance given under subsection (2)(c), |
| |
(b) | advice given under subsection (2)(e), and |
| 15 |
(c) | any advice given to the relevant body by the Secretary of State. |
| |
| |
“adult social services functions”, in relation to a local social |
| |
services authority, means the authority’s social services |
| |
functions (within the meaning of the Local Authority Social |
| 20 |
Services Act 1970), other than those for which the authority’s |
| |
director of children’s services is responsible under section 18 of |
| |
| |
“processing”, in relation to information, has the same meaning as |
| |
in the Data Protection Act 1998; |
| 25 |
| |
(a) | any body or person engaged in the provision of the |
| |
health service, including a body or person so engaged |
| |
| |
(b) | any body or person providing social care services; |
| 30 |
“social care services” means services provided by a local social |
| |
services authority in England in the exercise of its adult social |
| |
| |
250B | National Information Governance Board: Wales |
| |
(1) | The functions of the National Information Governance Board for |
| 35 |
Health and Social Care, except— |
| |
(a) | its functions under section 252 in relation to regulations under |
| |
| |
(b) | its functions under subsection (2), |
| |
| are exercisable only in relation to England. |
| 40 |
(2) | In relation to Wales, the Secretary of State may seek the views of the |
| |
Board on such matters concerned with the processing of information |
| |
falling within section 250A(4)(a) or (b) as the Secretary of State |
| |
| |
250C | National Information Governance Board: further provisions. |
| 45 |
(1) | The Secretary of State may by regulations make provision about the |
| |
National Information Governance Board for Health and Social Care. |
| |
|
| |
|
| |
|
(2) | The regulations may, in particular, make provision as to— |
| |
(a) | the appointment of the chair and other members of the Board by |
| |
the Secretary of State or such other person as may be prescribed, |
| |
(b) | the terms of appointment of members, |
| |
(c) | the establishment and membership of committees or sub- |
| 5 |
| |
(d) | the delegation by the Board of its functions, and |
| |
(e) | the proceedings of the Board. |
| |
(3) | The regulations may make provision as to the payment by the Secretary |
| |
of State of such expenses incurred by the Board or any committee or |
| 10 |
sub-committee of the Board as the Secretary of State may determine. |
| |
(4) | The regulations may also make provision for the payment to members |
| |
of the Board or any committee or sub-committee of the Board of such |
| |
remuneration or allowances as the Secretary of State may determine. |
| |
(5) | Regulations under this section cannot include provision by virtue of |
| 15 |
section 272(8)(a) amending or repealing an Act. |
| |
250D | National Information Governance Board: annual reports |
| |
(1) | The National Information Governance Board for Health and Social |
| |
Care must, not later than 3 months after the end of each reporting |
| |
| 20 |
(a) | prepare a report on its activities during the year, and |
| |
(b) | send a copy of the report to the Secretary of State. |
| |
(2) | In subsection (1) “reporting year” means— |
| |
(a) | such period of not more than 12 months beginning with the day |
| |
on which the Board is first established as the Board may |
| 25 |
| |
(b) | each successive period of 12 months.” |
| |
(2) | The Patient Information Advisory Group (as continued by section 252 of the |
| |
National Health Service Act 2006 (c. 41)) is abolished. |
| |
150 | Duty to consult Board in relation to regulations about patient information |
| 30 |
For section 252 of the National Health Service Act 2006 substitute— |
| |
“252 | Consultation with National Information Governance Board |
| |
(1) | Before laying before Parliament a draft of any statutory instrument |
| |
containing regulations under section 251(1), or making any regulations |
| |
pursuant to section 251(5)(b), the Secretary of State must seek and have |
| 35 |
regard to the views of the National Information Governance Board for |
| |
Health and Social Care on the proposed regulations. |
| |
(2) | The Secretary of State must publish, in such manner as the Secretary of |
| |
State considers appropriate, any views received from the Board on the |
| |
| 40 |
|
| |
|