Legislation – Care Act 2014

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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

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

73 Human Rights Act 1998: provision of regulated care or support 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 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 Health Education 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 must have regard

102 Advice

Local functions

103 Local Education and Training Boards

104 : 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 ’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 etc: 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 etc. 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

PART 3Health

CHAPTER 1Health Education England

Local functions

106Education and training plans

(1)

An LETB must publish for each financial year a document (called an “education and training plan”) specifying how it proposes to exercise its main function (see section 103(2)).

(2)

The education and training plan of an LETB must specify how the LETB proposes to—

(a)

achieve the objectives and reflect the priorities set by the Secretary of State for the purposes of section 100(1),

(b)

achieve the objectives and reflect the priorities set by HEE for the purposes of section 100(4)(a),

(c)

achieve the outcomes set by the Secretary of State for the purposes of section 100(2), and

(d)

achieve the outcomes set by HEE for the purposes of section 100(4)(b).

(3)

In preparing its education and training plan, an LETB must have regard to—

(a)

the priorities that the providers of health services whom the LETB represents have in relation to the provision in the LETB’s area of health services and of education and training for health care workers or persons wishing to become health care workers,

(b)

the priorities that commissioners of health services in the LETB’s area have in relation to those matters,

(c)

any assessment of relevant needs relating to the LETB’s area prepared under section 116 of the Local Government and Public Involvement in Health Act 2007,

(d)

any joint health and wellbeing strategy relating to the LETB’s area prepared under section 116A of that Act, and

(e)

the LETB’s objectives in the longer term in relation to the exercise of the LETB’s main function.

(4)

In preparing its education and training plan, an LETB must involve—

(a)

the providers of health services whom the LETB represents,

(b)

the commissioners of health services in the LETB’s area,

(c)

the Health and Wellbeing Board for that area,

(d)

such persons as HEE may direct the LETB to involve, and

(e)

such other persons as the LETB considers appropriate.

(5)

Before publishing its education and training plan (or an amended education and training plan), an LETB must obtain approval of the plan (or the amended plan) from HEE.

(6)

Before giving an approval under subsection (5), HEE may direct the LETB concerned to amend the education and training plan (or the amended education and training plan) as HEE specifies.

(7)

But, in the case of an LETB which meets all the appointment criteria, the only amendments which HEE may direct to be made under subsection (6) are those HEE considers necessary in order to ensure that the LETB achieves the outcomes set by HEE for the purposes of section 100(4)(b).

(8)

Where HEE exercises the power under subsection (6), it must publish—

(a)

the amendments in question, and

(b)

its reasons for directing them to be made.

(9)

HEE may give LETBs directions about—

(a)

what to include in their education and training plans;

(b)

how to present them.

(10)

An LETB may perform the duty under subsection (1) by preparing two or more documents which, taken together, specify how it proposes to exercise its main function.