- adult social care
means social care for individuals aged 18 or over;
- adult social services
means— (a) services which are provided or commissioned by an English local authority in the exercise of its adult social services functions, and (b) services which are provided or commissioned by an English local authority under section 2(1)(b) of the Local Government Act 2000 (c. 22) or section 1 of the Localism Act 2011 and which are similar in nature to a service which could be provided by the authority in the exercise of any of its adult social services functions;
- adult social services functions
means social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (c. 40) applies;
- appeal tribunal
has the same meaning as in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (decisions, etc.). 6 The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Order in relation to an appeal under this paragraph (with such modifications as are prescribed). 3 The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule. 4 1 The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day. 2 In sub-paragraph (1), th
- carers
means people who care for service users as relatives or friends.
- cause
means cause or contribute to, whether directly or indirectly;
- commencement
means the commencement of section 10 of this Act.
- commencement order
means an order under section 170(3).
- Community
includes a section of the community;
- company
means a company as defined by section 1 of the Companies Act 2006 (c. 46);
- concern
includes any organisation.
- confidential personal information
means information which—
- conflicts guidance
means guidance about managing conflicts between—
- Contamination
includes radiation. 3 Any reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health. 4 Any reference to the spread of contamination includes a reference to the spread of any source of contamination. 5 Any reference to disinfection or decontamination includes a reference to the removal of any vector, agent or source of the infection or contamination. 6 Related expressions are to be read accordingly. 45B 1 The appropriate Minister may by regulations make provision— a for preventing danger to public health from vessels, aircraft, trains or other conveyances arriving at any place, b for preventing the spread of infection or contamination by means of any vessel, aircraft, train or other conveyance leaving any place, and c for giving effect to any international agreement or arrangement relating to the spread of infection or contamination. 2 Regulations under subsection (1) may in particular include provision— a for the detention of conveyances, b for the medical examination, detention, isolation or quarantine of persons, c for the inspection, analysis, retention, isolation, quarant
- cross-border SHA
means a cross-border Special Health Authority as defined by that subsection.”
- cross-border Special Health Authorities
means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales, • “English local authorities” means local authorities in England, • “Welsh local authorities” means local authorities in Wales, and • “Welsh NHS bodies” means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.”
- cross-border Special Health Authority
means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
- designated body
means— (a) any body which is a designated body for the purposes of Part 5A of the Medical Act 1983 (c. 54), and (b) any other body prescribed for the purposes of this section;
- electronic communication
has the same meaning as in the Electronic Communications Act 2000 (c. 7),
- enactment
includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
- English Health Authority
means—
- English local authorities
means local authorities in England, • “Welsh local authorities” means local authorities in Wales, and • “Welsh NHS bodies” means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.”
- English local authority
has the same meaning as in section 46A (see subsection (12) of that section).
- English NHS body
means— (a)...
- English NHS provider
means— (a)...
- English regulations
means regulations made by the Secretary of State;
- financial year
means—
- functions
includes powers and duties, “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,”
- health and social care services
means the services to which the Commission's functions relate.
- health care
has the meaning given by section 9(2) (but see subsection (2) below);
- health care associated infection
means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where—
- health care worker
means— (a) any person who is a member of a prescribed profession concerned with the physical or mental health of individuals, or (b) any person who— (i) is employed by a designated body, (ii) provides services to a designated body, or (iii) is employed by a person who provides services to a designated body, for purposes connected with the provision of health care;
- health or social care
has the meaning given by section 9(4);
- health scheme
means a scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds;
- health services
means services which must or may be provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41) or services which are similar to such services;
- hospital
has the meaning given by section 275 of the National Health Service Act 2006.
- illness
has the same meaning as in section 25(1) of the Health Act 2006. 45B 1 Regulations under section 45A may make provision for or in connection with— a conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and b requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act. 2 Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body. 3 The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances— a the practitioner being employed by the designated
- Information
includes documents and records. 6 “Regulations” means regulations made— a by the Secretary of State, in relation to England;
- inspection functions
means functions relating to, or connected with, inspections carried out by the Commission under section 60.
- inspections
includes inspections of persons, premises or the carrying on of activities,
- learning disability
has the meaning given by section 1(4) of the Mental Health Act 1983;
- liability proceedings
means proceedings for the expenses' recovery under section 48(3) of the 1948 Act from a person other than C if the proceedings are brought against that other person (“D”) on account of D having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain C.
- local authority
means any of the following— a a district council;
- Local Healthwatch arrangements
has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007, • “Local Healthwatch contractor” has the meaning given by section 223 of that Act, and • “registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.
- Local Healthwatch contractor
has the meaning given by section 223 of that Act, and • “registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.
- Medical examination
includes microbiological, radiological and toxicological tests. 4 “Special restriction or requirement” has the meaning given by section 45C(6). 5 “Thing” includes— a human tissue, b a dead body or human remains, c animals, and d plant material. 6 “The appropriate Minister” means— a the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea);
- medical practitioner
means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,”
- Medical treatment
includes vaccination and other prophylactic treatment. 45F 1 This section makes further provision about regulations under section 45B or 45C (“health protection regulations”). 2 Health protection regulations may— a confer functions on local authorities and other persons;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
- Northern Ireland health service
means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (c. 41).
- Northern Ireland Minister
includes the First Minister, the deputy First Minister and a Northern Ireland department;
- notice
includes any other document, and
- notices, orders and other documents
means notices, orders and other documents authorised or required by or under this Act to be given or served, and • “the appropriate Minister” means— (a) the Secretary of State, in relation to England;
- offence
means an offence created by or under this Act.”
- overdue pre-commencement payment
means a payment that under the registered order should have been (but was not) made before 5 October 2007.
- Part 1 offence
means an offence under this Part or under regulations under this Part;
- patient information
means— whether or not the identity of the individual in question is ascertainable from the information.
- penalty
means a penalty under a penalty notice;
- penalty notice
has the meaning given by section 86(3).
- Premises
includes a vehicle.
- prescribed
means prescribed by regulations;
- public authority
has the meaning given in section 6(3) of the Human Rights Act 1998;” ““relevant health protection authority” means— a a local authority, port health authority or joint board with functions under a relevant provision of this Act, and b if regulations under Part 2A confer functions on a public authority of any other description and state that the authority is to be regarded as a relevant health protection authority with respect to those functions, that authority;”
- qualifying body
has the meaning given by section 150;
- registered order
means—
- registered person
means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.
- registered service provider
means a person registered under Chapter 2 as a service provider;
- regulated activity
has the meaning given by section 8;
- regulated care functions
means such functions under Part 1 of the Care Act 2014 (functions relating to adult social care in England) as may be prescribed.
- regulated establishment
means— a an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or b premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part.”
- regulations
means regulations made by the Secretary of State;
- Regulatory authorities
means—
- regulatory body
means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies. 4 An Order in Council under section 60 may not— a amend this section, or b make any provision that is inconsistent with subsection (1).”
- Related party
means— a a person who has or may have infected or contaminated P, or b a person whom P has or may have infected or contaminated. 6 An order under this section may also order a person with parental responsibility (within the meaning of the Children Act 1989) for P to secure that P submits to or complies with the restrictions or requirements imposed by the order. 7 The appropriate Minister must by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). 8 Any reference in this section to a person who is infected or contaminated includes a reference to a person who carries the source of an infection or contamination, and any reference to infecting or contaminating others includes a reference to passing that source to others. 45H 1 A justice of the peace may make an order under subsection (2) in relation to a thing if the justice is satisfied that— a the thing is or may be infected or contaminated, b the infection or contamination is one which presents or could present significant harm to human health, c there is a risk that the thing might infect or contamin
- Related person
means— a a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or b a person whom the thing has or may have infected or contaminated. 6 “Related thing” means— a a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or b a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated. 7 The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). 8 In this section— a any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and b any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing. 45I 1 A justice of the peace may make an order under subsection (2) in relation to premises if the justice is satisfied that— a the premises are or may be infected or contaminated, b the infection or contamination is one which presents
- Related thing
means— a a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or b a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated. 7 The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). 8 In this section— a any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and b any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing. 45I 1 A justice of the peace may make an order under subsection (2) in relation to premises if the justice is satisfied that— a the premises are or may be infected or contaminated, b the infection or contamination is one which presents or could present significant harm to human health, c there is a risk that the premises might infect or contaminate humans, and d it is necessary to make the order in order to remove or reduce tha
- relevant company
means a company which is registered under this Chapter as a service provider in respect of a regulated activity;
- relevant health care
means— (a) NHS care, or (b) the promotion and protection of public health.
- relevant individual
means an individual who is registered under this Chapter as a service provider in respect of a regulated activity.
- relevant information
means—
- Relevant matter
means—
- Relevant powers
means powers conferred by or under an enactment to— but, in relation to a body prescribed under subsection (2)(b), such powers are “relevant powers” only so far as they are exercisable in respect of a person in respect of whom the Commission has relevant powers.
- relevant purposes
means the purposes of any of the Commission's regulatory functions,
- relevant requirements
means—
- service provider
means a person registered under this Chapter as a service provider in respect of a regulated activity.
- service users
means people who use health or social care services, and
- social care
has the meaning given by section 9(3).
- social care scheme
means a scheme which appears to the Secretary of State to be a social care scheme paid for out of public funds.
- social care services
means services which an English local authority must or may provide or arrange to be provided under any of the following provisions— (a)...
- special restriction or requirement
means a restriction or requirement which can be imposed by a justice of the peace by virtue of section 45G(2), 45H(2) or 45I(2), but b a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement. 45D 1 Regulations under section 45C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the appropriate Minister considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. 2 Regulations under section 45C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. 3 Regulations under section 45C may not include provision imposing a special restriction or requirement mentioned in section 45G(2)(a), (b)
- specified inspector
means—
- specified organisation
means a person or body specified by order made by the Secretary of State.
- statutory authority
has the same meaning as in section 20. 20B 1 Subsection (2) applies where— a a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and b the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm. 2 Where this subsection applies, the Welsh Ministers may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the Welsh Ministers that is mentioned in subsection (3) to take effect from the time when the notice is given. 3 Those decisions are— a a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;
- the 1948 Act
means the National Assistance Act 1948 (c. 29).
- the 1984 Act
means the Public Health (Control of Disease) Act 1984 (c. 22).
- the 2000 Act
means the Care Standards Act 2000 (c. 14);
- the 2003 Act
means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
- the appointed day
means the day appointed under this Act for the coming into force of section 147(1)(g).
- the appropriate authority
means— (a) in relation to England and Wales or Scotland, the Secretary of State, or (b) in relation to Northern Ireland, the Department of Health, Social Services and Public Safety in Northern Ireland;
- The appropriate Minister
means— a the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea);
- the Commission
means the Care Quality Commission;
- the Crown
includes certain bodies with health-related functions), for “the Commission for Social Care Inspection, the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
- the health service
has the same meaning as in the National Health Service Act 2006.
- the MHA
means the Mental Health Act 1983 (c. 20).
- the NHS (Wales) Act
means the National Health Service (Wales) Act 2006 (c. 42).
- the NHS Act
means the National Health Service Act 2006 (c. 41).
- the Northern Ireland Department
means the Department for Social Development in Northern Ireland.
- The permitted period
means— a in the case of proceedings brought by the Welsh Ministers, a period of 12 months;
- the relevant Northern Ireland department
means the Department of Health, Social Services and Public Safety in Northern Ireland.”
- the relevant regulatory body
means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).”
- the relevant time
means—
- the requisite consent
means— a the consent of the other person;
- Thing
includes— a human tissue, b a dead body or human remains, c animals, and d plant material. 6 “The appropriate Minister” means— a the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea);
- this group of sections
means this section and those sections.
- Welsh health body
means— (a) a Welsh NHS body, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), or (b) any other person providing or arranging for the provision of health care in Wales;
- Welsh local authorities
means local authorities in Wales, and • “Welsh NHS bodies” means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.”
- Welsh NHS bodies
means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.”
- Welsh NHS body
has the same meaning as in Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
- Welsh regulations
means regulations made by the Welsh Ministers. 45R 1 This section applies to an instrument to which subsection (4) of section 45Q applies by virtue of subsection (2)(a) or (b) of that section. 2 The instrument may be made without a draft having been laid and approved as mentioned in subsection (4) of that section if the instrument contains a declaration that the person making it is of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved. 3 After an instrument is made in accordance with subsection (2), it must be laid— a in the case of English regulations, before each House of Parliament;
- Welsh social services body
means— (a) the council of a county or county borough in Wales, or (b) a body engaged in the provision of Welsh local authority social services, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003.
- woman
means a female of any age. 6 The power to make regulations under this section is exercisable by the Treasury. 136B 1 Health in pregnancy grant is to be of an amount prescribed by regulations made by the Treasury. 2 Different amounts may be prescribed in relation to different cases.”
- working day
means any day other than—