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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

63

 

(2)   

Where subsection (3) applies, the CHAI may disclose any information obtained

by it notwithstanding any rule of common law which would otherwise

prohibit or restrict the disclosure.

(3)   

This subsection applies where—

(a)   

in the case of information relating to an individual, the circumstances

5

in paragraph (a) or (b) of subsection (2) of section 137 apply in relation

to the disclosure;

(b)   

in any case, the circumstances in any of paragraphs (c) to (g) of that

subsection apply in relation to the disclosure; or

(c)   

in any case, the disclosure is made as specified in paragraph (a), (b) or

10

(c) of subsection (3) of that section.

(4)   

Subsection (4) of section 137 applies for the purposes of subsection (3)(a) above.

139     

Information obtained by CSCI: supplementary

The CSCI may use any information it obtains, or documents or records

produced to it, in the course of exercising any of its functions for the purposes

15

of any of its other functions.

140     

Code of practice: CHAI

(1)   

The CHAI must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

(2)   

The code must in particular make provision about the CHAI’s obtaining,

20

handling, use and disclosure of confidential personal information.

(3)   

Before publishing the code, the CHAI must consult such persons as it considers

appropriate.

(4)   

The CHAI must keep the code under review and, if it considers it appropriate,

from time to time publish a revised code (and references in this section to the

25

code include any revised code).

(5)   

For the purposes of this section “confidential personal information” means

information which—

(a)   

is obtained by the CHAI on terms or in circumstances requiring it to be

held in confidence; and

30

(b)   

relates to and identifies an individual.

141     

Code of practice: CSCI

(1)   

The CSCI must prepare and publish a code in respect of the practice it proposes

to follow in relation to confidential personal information.

(2)   

The code must in particular make provision about the CSCI’s obtaining,

35

handling, use and disclosure of confidential personal information.

(3)   

Before publishing the code, the CSCI must consult such persons as it considers

appropriate.

(4)   

The CSCI must keep the code under review and, if it considers it appropriate,

from time to time publish a revised code (and references in this section to the

40

code include any revised code).

 

 

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

64

 

(5)   

For the purposes of this section “confidential personal information” means

information which—

(a)   

is obtained by the CSCI on terms or in circumstances requiring it to be

held in confidence; and

(b)   

relates to and identifies an individual.

5

Wales: supplementary

142     

Annual reports of Assembly

As soon as possible after the end of each financial year of the Assembly, the

Assembly must make and publish a report or reports on—

(a)   

what it has found during the year in the course of exercising—

10

(i)   

its functions under Chapter 4 and 6 of this Part (other than any

function of making regulations);

(ii)   

its functions exercisable by virtue of section 5(b) and 8(1) to (3)

of the Care Standards Act 2000 (c. 14);

(b)   

the way in which the Assembly has during the year exercised those

15

functions.

143     

Use by Assembly of information

(1)   

The Assembly may use any information it obtains, or documents produced to

it, in the course of exercising any function of the Assembly referred to in any

paragraph of subsection (2) for the purposes of any function of the Assembly

20

referred to in any other paragraph of that subsection.

(2)   

The functions of the Assembly referred to in subsection (1) are—

(a)   

its functions under Chapter 4 of this Part;

(b)   

its functions under Chapter 6 of this Part;

(c)   

its functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care

25

Standards Act 2000;

(d)   

its functions under section 80 of the Children Act 1989 (c. 41).

(3)   

References to functions in subsection (2) do not include functions of making

regulations.

144     

Inquiries: Wales

30

(1)   

This section applies where, under section 35 of the Government of Wales Act

1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant

to the exercise of—

(a)   

its functions under Chapter 4 or 6 of this Part (other than any function

of making regulations);

35

(b)   

its functions under section 87 of the Children Act 1989.

(2)   

Before an inquiry is begun, the Assembly may give a direction that it be held

in private.

(3)   

Where no such direction has been given, the person holding the inquiry may if

he thinks fit hold it, or any part of it, in private.

40

 

 

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

65

 

(4)   

The report of the person holding the inquiry is to be published, unless the

Assembly considers that there are exceptional circumstances which make

publication inappropriate.

(5)   

Publication under subsection (4) is to be in such manner as the Assembly

considers appropriate.

5

145     

Co-operation between Assembly and CHAI

(1)   

The Assembly and the CHAI must co-operate with each other where it seems

to them appropriate to do so for the efficient and effective discharge of any

relevant function.

(2)   

For the purposes of subsection (1), a relevant function is—

10

(a)   

any function of the CHAI under Chapter 3 of this Part;

(b)   

any function of the Assembly under Chapter 4 or 6 of this Part (other

than any function of making regulations);

(c)   

any function of the CHAI under the Care Standards Act 2000 (c. 14);

(d)   

any function of the Assembly exercisable by virtue of section 5(b) or

15

8(1) to (3) of the Care Standards Act 2000.

General

146     

Offences by bodies corporate

(1)   

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

corporate.

20

(2)   

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

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

25

liable to be proceeded against and punished accordingly.

(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

30

member of the authority or NHS body.

147     

Minor and consequential amendments

Schedule 8 (which makes minor and consequential amendments relating to

this Part) has effect.

148     

Interpretation of Part 2

35

In this Part—

“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;

 

 

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

66

 

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

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

respect of Wales;

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

“English local authority social service” means—

5

(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;

(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;

10

(c)   

a service which—

(i)   

is provided, in any place, by a local authority in England,

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

15

(ii)   

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

the authority in the exercise of any of its social services

functions.

“English NHS body” means—

(a)   

a Primary Care Trust;

20

(b)   

a Strategic Health Authority;

(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

25

in respect of England;

“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

30

(b)   

each successive period of twelve months ending with 31st

March;

“health care” has the meaning given by section 45(2);

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

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

35

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

Crown Act 1975 (c. 26);

“NHS body” means—

(a)   

an English NHS body;

(b)   

a Welsh NHS body;

40

(c)   

a cross-border SHA;

“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;

45

(b)   

in the case of sections 63, 75 and 101, the Assembly;

“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—

50

 

 

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

67

 

(a)   

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

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;

5

(c)   

a service which—

(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

10

(ii)   

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

the authority in the exercise of any of its social services

functions;

“Welsh NHS body” means—

(a)   

a Local Health Board;

15

(b)   

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

facilities are situated in Wales;

(c)   

a Special Health Authority performing functions only or mainly

in respect of Wales.

149     

References to the provision of health care

20

(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

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

25

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.

Part 3

30

Recovery of NHS charges

NHS charges

150     

Liability to pay NHS charges

(1)   

This section applies if—

(a)   

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

35

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

of the injury,

40

(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

 

 

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

68

 

(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—

5

(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,

10

   

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,

15

   

to the Scottish Ministers.

(3)   

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

worth, made—

(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

20

(b)   

in pursuance of a compensation scheme for motor accidents,

   

but does not include a payment mentioned in Schedule 9.

(4)   

Subsection (1)(a) applies—

(a)   

to a payment made—

(i)   

voluntarily, or in pursuance of a court order or an agreement, or

25

otherwise, and

(ii)   

in the United Kingdom or elsewhere, and

(b)   

if more than one payment is made, to each payment.

(5)   

“Injury” does not include any disease.

(6)   

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

30

(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,

   

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

35

provided as a result of the injury).

(7)   

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

injured person) other than—

(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

40

paragraph 14 of Schedule 2 to the National Health Service and

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

private patients),

(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

45

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

 

 

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

69

 

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

5

(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 170 and 172 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

10

dental services).

(9)   

In relation to any time before sections 174 and 175 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).

15

(10)   

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

certificate of NHS charges—

(a)   

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

making the compensation payment, and

(b)   

in force.

20

(11)   

“Compensation scheme for motor accidents” means any scheme or

arrangement under which funds are available for the payment of

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

caused, by uninsured or unidentified persons.

(12)   

Regulations may amend Schedule 9 by omitting or modifying any payment for

25

the time being specified in that Schedule.

(13)   

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

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.

30

Certificates of NHS charges

151     

Applications for certificates of NHS charges

(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

35

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

State, the Scottish Ministers or both.

(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 152).

40

(3)   

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

(a)   

until a specified date,

(b)   

until the occurrence of a specified event, or

(c)   

indefinitely.

 

 

 
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