Legislation – Care Act 2014

Care Act 2014, Section 84 is up to date with all changes known to be in force on or before 04 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 84:

s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)

PART 2Care standards

Quality of services

84Trust special administration: appointment of administrator

(1)

In section 65D of the National Health Service Act 2006 (NHS foundation trusts: appointment of trust special administrator), in subsection (1)—

(a)

after “satisfied that” insert“—

(a)”, and

(b)

at the end insert“, or

(b)

there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and it is appropriate to make an order under subsection (2).”

(2)

After that subsection insert—

“(1A)

This section also applies if the Care Quality Commission—

(a)

is satisfied that there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and that it is appropriate to make an order under subsection (2),

(b)

informs the regulator that it is satisfied as mentioned in paragraph (a) and gives the regulator its reasons for being so satisfied, and

(c)

requires the regulator to make an order under subsection (2).”

(3)

In subsection (2) of that section, after “The regulator may” insert “
or, where this section applies as a result of subsection (1A), must
”.

(4)

After subsection (3) of that section insert—

“(3A)

Before imposing a requirement as mentioned in subsection (1A)(c), the Care Quality Commission must—

(a)

consult the Secretary of State and the regulator, and

(b)

having done that, consult—

(i)

the trust,

(ii)

the Board, and

(iii)

any other person to which the trust provides services under this Act and which the Commission considers it appropriate to consult.”

(5)

In subsection (4) of that section, after “making an order under this section” insert “
(except where it is required to do so as a result of subsection (1A))
”.

(6)

In section 65N of that Act (guidance for trust special administrators), after subsection (3) insert—

“(3A)

Before publishing guidance under this section, the Secretary of State must consult the Care Quality Commission.”

(7)

In subsection (4) of that section, for “the reference in subsection (1) to the Secretary of State is to be read as a reference” substitute “
the references in subsections (1) and (3A) to the Secretary of State are to be read as references
”.

(8)

In paragraph 24 of Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments to section 65N of the National Health Service Act 2006), after sub-paragraph (2) insert—

“(2A)

In subsection (3A), for “the Secretary of State” substitute “
the regulator
”.”