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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    62

 

General

 142   Offences by bodies corporate

     (1)    This section applies where any offence under this Part is committed by a body

corporate.

     (2)    If the offence is proved to have been committed with the consent or connivance

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of, or to be attributable to any neglect on the part of—

           (a)           any director, manager, or secretary of the body corporate, or

           (b)           any person who was purporting to act in any such capacity,

            he (as well as the body corporate) shall be guilty of the offence and shall be

liable to be proceeded against and punished accordingly.

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     (3)    The reference in subsection (2) to a director, manager or secretary of a body

corporate includes a reference—

           (a)           to any other similar officer of the body; and

           (b)           where the body is a local authority or NHS body, to any officer or

member of the authority or NHS body.

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 143   Minor and consequential amendments

Schedule 9 (which makes minor and consequential amendments relating to

this Part) has effect.

 144   Interpretation of Part 2

In this Part—

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                      “Audit Commission” means the Audit Commission for Local Authorities

and the National Health Service in England and Wales;

                      “the CHAI” means the Commission for Healthcare Audit and Inspection;

                      “cross-border SHA” means a Special Health Authority not performing

functions only or mainly in respect of England or only or mainly in

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respect of Wales;

                      “the CSCI” means the Commission for Social Care Inspection;

                      “English local authority social service” means—

                  (a)                 a service which is provided, in any place, by a local authority in

England in the exercise of any of its social services functions;

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                  (b)                 a service which is provided, in any place, by another person

pursuant to arrangements made by a local authority in England

in the exercise of its social services functions;

                  (c)                 a service which—

                      (i)                     is provided, in any place, by a local authority in England,

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or by another person pursuant to arrangements made by a

local authority in England, under section 2(1)(b) of the

Local Government Act 2000 (c. 22); and

                      (ii)                    is similar in nature to a service which could be provided by

the authority in the exercise of any of its social services

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functions.

                      “English NHS body” means—

                  (a)                 a Primary Care Trust;

                  (b)                 a Strategic Health Authority;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

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                  (c)                 an NHS trust all or most of whose hospitals, establishments and

facilities are situated in England;

                  (d)                 an NHS foundation trust;

                  (e)                 a Special Health Authority performing functions only or mainly

in respect of England;

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                      “financial year”, in relation to the CHAI or the CSCI, means—

                  (a)                 the period beginning with the date on which that body is

established and ending with the next 31st March following that

date; and

                  (b)                 each successive period of twelve months ending with 31st

10

March;

                      “health care” has the meaning given by section 44(2);

                      “local authority” has the same meaning as in the Local Authority Social

Services Act 1970 (c. 42) (see section 1 of that Act);

                      “Minister of the Crown” has the same meaning as in the Ministers of the

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Crown Act 1975 (c. 26);

                      “NHS body” means—

                  (a)                 an English NHS body;

                  (b)                 a Welsh NHS body;

                  (c)                 a cross-border SHA;

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                      “NHS trust” has the same meaning as in Part 1 of the 1977 Act;

                      “personal records” includes medical records;

                      “prescribed” means prescribed by regulations made by—

                  (a)                  the Secretary of State;

                  (b)                 in the case of sections 62, 73 and 99, the Assembly;

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                      “regulator” means the Independent Regulator of NHS Foundation Trusts;

                      “social services functions” has the same meaning as in the Local Authority

Social Services Act 1970;

                      “Welsh local authority social service” means—

                  (a)                 a service provided, in any place, by a local authority in Wales in

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the exercise of any of its social services functions;

                  (b)                 a service provided, in any place, by another person pursuant to

arrangements made by a local authority in Wales in the exercise

of its social services functions;

                  (c)                 a service which—

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                      (i)                     is provided, in any place, by a local authority in Wales, or

by another person pursuant to arrangements made by a

local authority in Wales, under section 2(1)(b) of the Local

Government Act 2000 (c. 22); and

                      (ii)                    is similar in nature to a service which could be provided by

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the authority in the exercise of any of its social services

functions;

                      “Welsh NHS body” means—

                  (a)                 a Local Health Board;

                  (b)                 an NHS trust all or most of whose hospitals, establishments and

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facilities are situated in Wales;

                  (c)                 a Special Health Authority performing functions only or mainly

in respect of Wales.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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 145   References to the provision of health care

     (1)    For the purposes of this Part, a person provides health care for another person

if he provides it—

           (a)           at the direction of the other person;

           (b)           in accordance with, or by virtue of, an agreement or arrangements

5

made by the other person (whether or not with the person providing

the health care); or

           (c)           otherwise on behalf of the other person.

     (2)    References in this section to the provision of health care include references to

its provision jointly with another person.

10

Part 3

Recovery of NHS charges

NHS charges

 146   Liability to pay NHS charges

     (1)    This section applies if—

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           (a)           a person makes a compensation payment to or in respect of any other

person (the “injured person”) in consequence of any injury, whether

physical or psychological, suffered by the injured person, and

           (b)           the injured person has—

                  (i)                 received NHS treatment at a health service hospital as a result

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of the injury,

                  (ii)                been provided with NHS ambulance services as a result of the

injury for the purpose of taking him to a health service hospital

for NHS treatment (unless he was dead on arrival at that

hospital), or

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                  (iii)               received treatment as mentioned in sub-paragraph (i) and been

provided with ambulance services as mentioned in sub-

paragraph (ii).

     (2)    The person making the compensation payment is liable to pay the relevant

NHS charges—

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           (a)           in respect of—

                  (i)                 the treatment, in so far as received at a hospital in England or

Wales,

                  (ii)                the ambulance services, in so far as provided to take the injured

person to such a hospital,

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                         to the Secretary of State,

           (b)           in respect of—

                  (i)                 the treatment, in so far as received at a hospital in Scotland,

                  (ii)                the ambulance services, in so far as provided to take the injured

person to such a hospital,

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                         to the Scottish Ministers.

     (3)    “Compensation payment” means a payment, including a payment in money’s

worth, made—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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           (a)           by or on behalf of a person who is, or is alleged to be, liable to any extent

in respect of the injury, or

           (b)           in pursuance of a compensation scheme for motor accidents,

            but does not include a payment mentioned in Schedule 10.

     (4)    Subsection (1)(a) applies—

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           (a)           to a payment made—

                  (i)                 voluntarily, or in pursuance of a court order or an agreement, or

otherwise, and

                  (ii)                in the United Kingdom or elsewhere, and

           (b)           if more than one payment is made, to each payment.

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     (5)    “Injury” does not include any disease.

     (6)           Nothing in subsection (5) prevents this Part from applying to—

           (a)           treatment received as a result of any disease suffered by the injured

person, or

           (b)           ambulance services provided as a result of any disease suffered by him,

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            if the disease in question is attributable to the injury suffered by the injured

person (and accordingly that treatment is received or those services are

provided as a result of the injury).

     (7)    “NHS treatment” means any treatment (including any examination of the

injured person) other than—

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           (a)           treatment provided by virtue of section 18A(4) or 65 of the 1977 Act,

section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act or

paragraph 14 of Schedule 2 to the National Health Service and

Community Care Act 1990 (c. 19) (accommodation and services for

private patients),

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           (b)           other treatment provided by an NHS foundation trust in pursuance of

an undertaking to pay in respect of the treatment given by or on behalf

of the injured person,

           (c)           treatment provided at a health service hospital by virtue of section 72

of the 1977 Act or section 64 of the 1978 Act (permission for use of

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national health service accommodation or facilities in private practice),

or

           (d)           treatment provided by virtue of—

                  (i)                 section 16CA, 16CC, 28C, 28K or 28Q of the 1977 Act (primary

medical and dental services), or

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                  (ii)                section 17C, 19 or 25 of the 1978 Act (personal or general

medical or dental services).

     (8)    In relation to any time before sections 166 and 168 come into force, the

references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act are

to be taken as a reference to section 35 of that Act (arrangements for general

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dental services).

     (9)           In relation to any time before sections 170 and 171 come into force, the

references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are

to be taken as a reference to section 29 of that Act (arrangements for general

medical services).

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     (10)   “Relevant NHS charges” means the amount (or amounts) specified in a

certificate of NHS charges—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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           (a)           issued under this Part, in respect of the injured person, to the person

making the compensation payment, and

           (b)           in force.

     (11)   “Compensation scheme for motor accidents” means any scheme or

arrangement under which funds are available for the payment of

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compensation in respect of motor accidents caused, or alleged to have been

caused, by uninsured or unidentified persons.

     (12)   Regulations may amend Schedule 10 by omitting or modifying any payment

for the time being specified in that Schedule.

     (13)   This section applies in relation to any injury which occurs after the date on

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which this section comes into force.

     (14)   For the purposes of this Part, it is irrelevant whether a compensation payment

is made with or without an admission of liability.

Certificates of NHS charges

 147   Applications for certificates of NHS charges

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     (1)    Before a person makes a compensation payment in consequence of any injury

suffered by an injured person, he may apply for a certificate to the Secretary of

State, the Scottish Ministers or both, according to whether he believes the

relevant NHS charges payable by him (if any) would be due to the Secretary of

State, the Scottish Ministers or both.

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     (2)    If the Secretary of State receives or the Scottish Ministers receive an application

under subsection (1), he or they must arrange for a certificate to be issued as

soon as is reasonably practicable (subject to section 148).

     (3)    A certificate may provide that it is to remain in force—

           (a)           until a specified date,

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           (b)           until the occurrence of a specified event, or

           (c)           indefinitely.

     (4)    A person may apply under subsection (1) for a fresh certificate from time to

time.

     (5)    Subsection (2) does not require the Secretary of State or the Scottish Ministers

30

to arrange for a fresh certificate to be issued to a person applying under

subsection (4) if, when the application is received, a certificate issued to the

applicant in respect of the injured person is still in force; but the Secretary of

State or the Scottish Ministers (as the case may be) may arrange for a fresh

certificate to be issued so as to have effect on the expiry of the current

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certificate.

     (6)    If a certificate expires, the Secretary of State or the Scottish Ministers (as the

case may be) may arrange for a fresh certificate to be issued without an

application having to be made.

     (7)    In the circumstances mentioned in subsection (8), a person who has made a

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compensation payment in consequence of an injury suffered by an injured

person must apply for a certificate to the Secretary of State, the Scottish

Ministers or both, according to whether he believes the relevant NHS charges

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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payable by him (if any) would be due to the Secretary of State, the Scottish

Ministers or both.

     (8)    The circumstances are that—

           (a)           at the time the payment is made by the person—

                  (i)                 no certificate has been issued to him in respect of the injured

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person, or

                  (ii)                if such a certificate has been issued to him, it is no longer in

force, and

           (b)           no application for a certificate has been made by him during the

prescribed period ending immediately before the day on which the

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compensation payment is made.

     (9)    An application for a certificate must be made in the prescribed manner and, in

the case of an application under subsection (7), within the prescribed period.

     (10)   On receiving an application under subsection (7), the Secretary of State or the

Scottish Ministers must arrange for a certificate to be issued as soon as is

15

reasonably practicable (subject to section 148).

     (11)   In this section and section 148, “relevant NHS charges” has the meaning given

in section 146(10).

 148   Section 147: supplementary

     (1)    Subsection (2) applies if—

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           (a)           an application is made under subsection (1) or (7) of section 147 to the

Secretary of State or the Scottish Ministers, and

           (b)           it appears to the Secretary of State or the Scottish Ministers that the

relevant NHS charges payable by the applicant (if any) would be due

to the Scottish Ministers or the Secretary of State (respectively) instead.

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     (2)    The Secretary of State or the Scottish Ministers (as the case may be) must refer

the application to the Scottish Ministers or the Secretary of State (respectively),

and the application is to be treated, for the purposes of this Part, as having been

made to the Scottish Ministers or the Secretary of State (as the case may be).

     (3)    Subsection (4) applies if—

30

           (a)           an application is made under subsection (1) or (7) of section 147 to the

Secretary of State or the Scottish Ministers, and

           (b)           it appears to the Secretary of State or the Scottish Ministers that the

relevant NHS charges payable by the applicant (if any) would be due

in part to him or them and in part to the Scottish Ministers or the

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Secretary of State (respectively).

     (4)    The Secretary of State or the Scottish Ministers (as the case may be) must refer

the application to the Scottish Ministers or the Secretary of State (respectively)

in so far as the application relates to relevant NHS charges due to them or him,

and the application is to be treated, for the purposes of this Part, as having been

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made to the Secretary of State in so far as it relates to relevant NHS charges due

to him under subsection (2) of section 146 and to the Scottish Ministers in so far

as it relates to relevant NHS charges due to them under that subsection.

     (5)    A certificate may be issued under section 147 jointly by the Secretary of State

and the Scottish Ministers specifying—

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Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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           (a)           an amount (or amounts) for which a person is liable under subsection

(2) of section 146 to the Secretary of State, and

           (b)           an amount (or amounts) for which that person is liable under that

subsection to the Scottish Ministers,

            in respect of the same injured person in consequence of the same injury.

5

     (6)    In the case of a certificate issued under section 147 specifying an amount (or

amounts) as mentioned in paragraphs (a) and (b) of subsection (5), references

in the following provisions of this Part to a certificate are to be taken as being

to the certificate in so far as it relates to the liability to the Secretary of State or

in so far as it relates to the liability to the Scottish Ministers (as the case may

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require).

 149   Information contained in certificates

     (1)    A certificate must specify the amount (or amounts) for which the person to

whom it is issued is liable under section 146(2).

     (2)    The amount (or amounts) to be specified is (or are) to be that (or those) set out

15

in, or determined in accordance with, regulations, reduced if applicable in

accordance with subsection (3).

     (3)    If a certificate relates to a claim made by or on behalf of an injured person—

           (a)           in respect of which a court in England and Wales or Scotland has

ordered a reduction of damages in accordance with section 1 of the Law

20

Reform (Contributory Negligence) Act 1945 (c. 28),

           (b)                         in respect of which a court in Northern Ireland has ordered a reduction

of damages in accordance with section 2 of the Law Reform

(Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),

           (c)                         in respect of which a court in a country other than England and Wales,

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Scotland or Northern Ireland has ordered a reduction of damages

under any provision of the law of that country which appears to the

Secretary of State or the Scottish Ministers (as the case may be) to

correspond to section 1 of the Law Reform (Contributory Negligence)

Act 1945,

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           (d)           in respect of which an officer of a court in England and Wales or

Northern Ireland has entered or sealed an agreed judgement or order

which specifies—

                  (i)                 that the damages are to be reduced to reflect the injured

person’s share in the responsibility for the injury in question,

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and

                  (ii)                the amount or proportion by which they are to be so reduced,

           (e)           in the case of which the parties to any resulting action before a court in

Scotland have executed a joint minute which specifies—

                  (i)                 that the action has been settled extra-judicially, and

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                  (ii)                the matters mentioned in paragraph (d)(i) and (ii),

           (f)                         in respect of which a document has been made under any provision of

the law of a country other than England and Wales, Scotland or

Northern Ireland—

                  (i)                 which appears to the Secretary of State to correspond to an

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agreed judgement or order entered or sealed by an officer of a

court in England and Wales, and

                  (ii)                which specifies the matters mentioned in paragraph (d)(i) and

(ii), or

 

 

 
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