Legislation – Care Act 2014

New Search

Introduction

PART 1
Care and support

1 Promoting individual well-being

2 Preventing needs for care and support

3 Promoting integration of care and support with health services etc.

4 Providing information and advice

5 Promoting diversity and quality in provision of services

6 Co-operating generally

7 Co-operating in specific cases

8 How to meet needs

9 Assessment of an adult’s needs for care and support

10 Assessment of a carer’s needs for support

11 Refusal of assessment

12 Assessments under sections 9 and 10: further provision

13 The eligibility criteria

14 Power of local authority to charge

15 Cap on care costs

16 Cap on care costs: annual adjustment

17 Assessment of financial resources

18 Duty to meet needs for care and support

19 Power to meet needs for care and support

20 Duty and power to meet a carer’s needs for support

21 Exception for persons subject to immigration control

22 Exception for provision of health services

23 Exception for provision of housing etc.

24 The steps for the local authority to take

25 Care and support plan, support plan

26 Personal budget

27 Review of care and support plan or of support plan

28 Independent personal budget

29 Care account

30 Cases where adult expresses preference for particular accommodation

31 Adults with capacity to request direct payments

32 Adults without capacity to request direct payments

33 Direct payments: further provision

34 Deferred payment agreements and loans

35 Deferred payment agreements and loans: further provision

36 Alternative financial arrangements

37 Notification, assessment, etc.

38 Case where assessments not complete on day of move

39 Where a person’s ordinary residence is

40 Disputes about ordinary residence or continuity of care

41 Financial adjustments between local authorities

42 Enquiry by local authority

43 Safeguarding Adults Boards

44 Safeguarding adults reviews

45 Supply of information

46 Abolition of local authority’s power to remove persons in need of care

47 Protecting property of adults being cared for away from home

48 Temporary duty on local authority

49 Section 48: cross-border cases

50 Temporary duty on local authority in Wales

51 Temporary duty on Health and Social Care trust in Northern Ireland

52 Sections 48 to 51: supplementary

53 Specifying criteria for application of market oversight regime

54 Determining whether criteria apply to care provider

55 Assessment of financial sustainability of care provider

56 Informing local authorities where failure of care provider likely

57 Sections 54 to 56: supplementary

58 Assessment of a child’s needs for care and support

59 Child’s needs assessment: requirements etc.

60 Assessment of a child’s carer’s needs for support

61 Child’s carer’s assessment: requirements etc.

62 Power to meet child’s carer’s needs for support

63 Assessment of a young carer’s needs for support

64 Young carer’s assessment: requirements etc.

65 Assessments under sections 58 to 64: further provision

66 Continuity of services under other legislation

67 Involvement in assessments, plans etc.

68 Safeguarding enquiries and reviews

69 Recovery of charges, interest etc.

70 Transfer of assets to avoid charges

71 Five-yearly review by Secretary of State

72 Part 1 appeals

72A Default power of Secretary of State

72B Default power of Secretary of State: supplementary

73 Human Rights Act 1998: provision of regulated care or support etc a public function

74 Discharge of hospital patients with care and support needs

75 After-care under the Mental Health Act 1983

76 Prisoners and persons in approved premises etc.

77 Registers of sight-impaired adults, disabled adults, etc.

78 Guidance, etc.

79 Delegation of local authority functions

80 Part 1: interpretation

PART 2
Care standards

81 Duty of candour

82 Warning notice

83 Imposition of licence conditions on NHS foundation trusts

84 Trust special administration: appointment of administrator

85 Trust special administration: objective, consultation and reports

86 Restriction on applications for variation or removal of conditions

87 Rights of appeal

88 Unitary board

89 Chief Inspectors

90 Independence of the Care Quality Commission

91 Reviews and performance assessments

92 Offence

93 Penalties

94 Offences by bodies

95 Training for persons working in regulated activity

PART 3
Health

CHAPTER 1 The Education and Training Functions of NHS England

Establishment

96 Health Education England

National functions

97 Planning education and training for health care workers etc.

98 Ensuring sufficient skilled health care workers for the health service

99 Quality improvement in education and training, etc.

100 Objectives, priorities and outcomes

101 Sections 98 and 100: matters to which NHS England must have regard

102 Advice

…

103 Local Education and Training Boards

104 LETBs: appointment etc.

105 LETBs: co-operation by providers of health services

106 Education and training plans

107 Commissioning education and training

Tariffs

108 Tariffs

CHAPTER 2 Health Research Authority

Establishment

109 The Health Research Authority

General functions

110 The HRA’s functions

Regulatory practice

111 Co-ordinating and promoting regulatory practice etc.

Research ethics committees

112 The HRA’s policy on research ethics committees

113 Approval of research

114 Recognition by the HRA

115 Establishment by the HRA

116 Membership of the United Kingdom Ethics Committee Authority

Patient information

117 Approval for processing confidential patient information

CHAPTER 3 Chapters 1 and 2: supplementary

Miscellaneous

118 Transfer orders

General

119 Chapters 1 and 2: interpretation and supplementary provision

CHAPTER 4 Trust special administration

120 Powers of administrator etc.

PART 4
Health and social care

121 Integration of care and support with health services : integration fund

122 The Health and Social Care Information Centre: restrictions on dissemination of information

PART 5
General

123 Power to make consequential provision

124 Power to make transitional provision

125 Regulations and orders

126 General interpretation

127 Commencement

128 Extent and application

129 Short title

SCHEDULES

SCHEDULE 1 Cross-border placements

SCHEDULE 2 Safeguarding Adults Boards

SCHEDULE 3 Discharge of hospital patients with care and support needs

SCHEDULE 4 Direct payments: after-care under the Mental Health Act 1983

SCHEDULE 5 Health Education England

SCHEDULE 6 Local Education and Training Boards

SCHEDULE 7 The Health Research Authority

SCHEDULE 8 Research ethics committees: amendments

Changes to legislation:

Care Act 2014, Section 72A is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

PART 1Care and support

F1Default by local authority

72ADefault power of Secretary of State

(1)

Where the Secretary of State is satisfied that a local authority is failing, or has failed, to discharge any of its functions under or by virtue of this Part to an acceptable standard, the Secretary of State may give to the local authority any directions that the Secretary of State considers appropriate for the purpose of addressing the failure.

(2)

The directions may include provision requiring the local authority—

(a)

to act in accordance with advice given by the Secretary of State or a person nominated by the Secretary of State,

(b)

to collaborate with the Secretary of State or a person nominated by the Secretary of State in taking steps specified in the directions, or

(c)

to provide the Secretary of State or a person nominated by the Secretary of State with information of a description specified in the directions, on request or otherwise.

(3)

If the Secretary of State considers it necessary for the purpose of addressing the failure, the directions may include provision—

(a)

for specified functions of the local authority to be exercised by the Secretary of State or a person nominated by the Secretary of State for a period specified in the direction or for so long as the Secretary of State considers appropriate, and

(b)

requiring the local authority to comply with any instructions of the Secretary of State or the nominee in relation to the exercise of the functions.

(4)

So far as is appropriate in consequence of directions given by virtue of subsection (3), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.

(5)

If directions given by virtue of subsection (3) expire or are revoked without being replaced then, so far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to whom the directions were given.

(6)

The Secretary of State may, for the purposes of cases in which directions are given under subsection (3)(a), make regulations disapplying or modifying an enactment which confers a function on the Secretary of State in respect of a function of a local authority.

(7)

Directions under this section may require the local authority to provide financial assistance to the Secretary of State, or a person nominated by the Secretary of State, for the purpose of meeting costs incurred by the Secretary of State or the nominee as a result of the directions.